IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2088 of 2010() ------------------------- CRIME NO.730/2009 OF KOTTAYAM EAST POLICE STATION -------------------------------- PETITIONER(S): A7 ----------------- SHAMEER, S/O. SAIDU ALI, THALAMBADAM HOUSE, RANDATHANI.P.O., KALPPAKAMCHERI VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT. 2. P.V.GEORGE, PLAMPARAMBIL HOUSE, PANACHICADU VILLAGE, KOLLAD KARA, KOLLAD P.O., KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010 ALONG WITH CRIMINAL M.C.NO.2089/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.Nos.2088 and 2089 of 2010 = = = = = = = = = = = = = = = = = = = Dated:30th day of June, 2010 ORDER Petitioners, who were accused Nos.6 and 7 in Crime No.730/2009 of Kottayam East Police Station and now pending before the J.F.C.M Court-I, Kottayam, who (as revealed by his letter dated 24.6.2010) has taken cognizance of the offences punishable under Sections 143, 120(b), 342 and 364A read with 149 IPC, seek to quash the final report and all further proceedings. 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 petitioners 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 petitioners to plead for a discharge in absentia. Accordingly, if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance Crl.M.C.Nos.2088 and 2089 of 2010 2 of the petitioners for the disposal of the discharge petition. These Crl.M.Cs are disposed of reserving the above right of the petitioners. Dated this the 30th day of June, 2010. V. RAMKUMAR, JUDGE dmb