IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3242 of 2010() -------------------------------------- (CRIME NO.51/1992 OF SOORANAD POLICE STATION) PETITIONER(S): ACCUSED A-4: ----------------------------------------------- SHAJI KUMAR @ UNNI, S/O. BHASKARA PILLAI, AGED 42 YEARS, VILAYIL VEEDU, PATHARAM, SOORANAD SOUTH VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ........................................ Crl.M.C. No. 3242 of 2010 .......................................... Dated: 13th August, 2010 ORDER Petitioner who is the accused in Crime No. 51/1992 of Sooranad Police Station now pending before the J.F.C.M. Sasthamcotta as L.P. No. 60 of 2008 for offences punishable under Sections 143, 147, 148, 427, 452, 323 and 324 read with Section 149 I.P.C. seek to quash Annexure A F.I.R and all further proceedings in the above crime. 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 13th day of August, 2010. V. RAMKUMAR, JUDGE Crl. M.C. No. of 2010 2 sj