IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2026 of 2010() ------------------------- CC.449/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER/ACCUSED: --------------- S.NIZAM, NIRAKUTHU VEEDU KUREEPUZHA, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE KOLLATHUR POLICE STATION, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2026 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER Petitioner, who is the accused in Crime No.328/2007 of Kolathur Police Station for offences punishable under Sections 498A, 494 & 495 of I.P.C., seeks to quash Annexure-II and further proceedings in C.C.No.449/2008 on the file of the Judicial Magistrate of the First Class Court-II, Peruthalmanna. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No. 2026/2010 : 2 : 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 28th day of June, 2010. V.RAMKUMAR, JUDGE skj