IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Crl.MC.No. 2874 of 2010() ------------------------- CC.437/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER(S): ACCUSED: ------------------------------------------- GEORGE PHILIP, S/O. K.P.GEORGE, MANAGING TRUSTEE, GOOD SHEPHERD EDUCATIONAL AND CHARITABLE TRUST AND PRINCIPAL/DIRECTOR GOOD SHEPHERD MODERN ENGLISH SCHOOL PALUNDA, CHUNGATHARA,NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SHAMSUDIN RESPONDENT(S): DEFACTO COMPLAINANT/STATE: ------------------------------------------------------------------------------- 1. STATE OF KERAA, REPRESENTED BY THE SUB INSPECTOR OF POLICE EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SARATHA ABRAHAM, S/O.SIBI, AGED 13 YEARS, MINOR, REPRESENTED BY MOTHER SIBI, ALAMPALLIL HOUSE, KAMBALAKKALLU, VAZHIKKADAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2874 of 2010 = = = = = = = = = = = = = = Dated: 4th day of August, 2010 ORDER Petitioner, who is the accused in Crime No.165/2009 of Edakkara Police Station for offences punishable under Sections 341 and 323 IPC, seeks to quash all further proceedings in C.C.No.437/2009 on the file of the J.F.C.M Court, Nilambur. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and hold that the prosecution of the petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner is to plead for a discharge before the Court below. 3. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.2874 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 4th day of August, 2010. V. RAMKUMAR, JUDGE dmb