IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Crl.MC.No. 381 of 2010() ------------------------ LP.3/2008 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA .................... PETITIONER(S): PETITIONER/ACCUSED --------------------------------- BASHEER, THAYYULLATHIL HOUSE, CHEKIAD AMSOM, NADAPURAM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- 1. SAFIYA, W/O. USMAN HAJEE.C.H.(LATE) CHIRAKKOTH HOUSE, CHEKKIAD.P.O., PARAKKADAVU, KOZHIKODE DIST. 2. STATE OF KERALA, THROUGH THE SUB INSPETOR OF POLICE, VALAYAM POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.381 of 2010 = = = = = = = = = = = = = = Dated: 21st day of June, 2010 ORDER Petitioner, who is the 2nd accused in L.P.No.3/2008 on the file of the Court of Additional District and Sessions Judge, Vadakara, for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 IPC, seek to quash Annexure A1 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 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.381 of 2010 2 4. The petitioner shall be entitled to plead before the Magistrate that the co-accused in the case have already been acquitted after trial in two cases. The petitioner shall be entitled to raise all these contentions notwithstanding the pendency of non-bailable warrants against him. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 21st day of June, 2010. V. RAMKUMAR, JUDGE dmb