IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Crl.MC.No. 4077 of 2009() ------------------------- PETITIONER(S): --------------- 1. S.MURUGON, S/O. SIVATHANU PILLAI, SEETHA BHAVAN, T.C. NO. 20/841, (3), SURYA NAGAR, KARAMANA WARD, THYCAUD VILLAGE. 2. MAYA MURUGAN, W/O. S. MURUGON, SEETHA BHAVAN, T.C. NO. 20/841 (3) SURYA NAGAR, KARAMANA WARD, THYCAUD VILLAGE. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.K.ACHANKUNJU RESPONDENT(S): --------------- 1. SUDHARMA STEPHEN, W/O. STEPHEN, AITHIYOOR PRESITGE VILLA, VENGANNOOR, NEYYATTINKARA. 2. SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. 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 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.4077 of 2009 = = = = = = = = = = = = = = Dated: 27th day of May, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.271/2008 of Karamana Police Station for an offence punishable under Section 406, 420 and read with 34 IPC, seek to quash Annexure A1 complaint, A3 F.I.R and all further proceedings in C.C.No.19/10 on the file of the Judicial First Class Magistrate Court-I, Thiruvananthapuram. 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 of the petitioners for the disposal of the discharge petition. Crl. M.C. No.4077 of 2009 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 27th day of May, 2010. V. RAMKUMAR, JUDGE dmb