IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 197 of 2010() ------------------------ CC.427/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): --------------- HARIKUMAR M, S/O.A.P.MANI AGED 36 YEARS, GOKULAM HOUSE, NEAR KATTAKADA EXCISE CIRCLE OFFICE, POONJAMKODU MURI, PERUMKULAM VILLAGE. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SHANTHI D/O.VELAMMAL, T.C.55/1905, JAYASREE NILAYAM VIZHWAMBHARAN ROAD, PAPANAMAKODU MANUKULADICHAMANGALAM DESOM NEMOM VILLGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S. HRITHICK ADVS. M/S. R.T.PRADEEP AND SRI.K.KARTHIKEYAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................................ Crl.M.C..No. 197 of 2010 .......................................................... Dated: 29th July, 2010 ORDER Petitioner who is the accused in C.C. No. 427 of 2008 on the file of the J.F.C.M., Kattakkada, for an offence punishable under Section 498 A I.P.C. seeks to quash Annexure A3 final report and all other further proceedings thereon. 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 petitioners 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 Crl. M.C. No. 197 of 2010 2 not insist on the personal appearance of the petitioner for the disposal of the discharge petition. In case the court below has already framed the charge, since a question of identity does not arise for consideration between the marital partners, the petitioner will be entitled for personal exemption during trial by filing a petition incorporating necessary averments. In case such a petition is filed, the court below shall allow the same. It shall not insist on the personal appearance of the petitioner unless it is inevitable to do so in any subsequent proceedings. Reserving the above right of the petitioner, this Crl.M.C is disposed of . Dated this the 29th day of July 2010. V. RAMKUMAR, JUDGE ani/