IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1968 of 2010() ------------------------- CC.29/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): ACCUSED NO.2 ----------------------------------------------------- ANSAMMA CHACKO,W/O.CHACKO OUSEPH,AGED 42 YEARS,NAINAPARAMBIL,KOTTAMURI PO,CHANJODI, CHANGANASSERY,KOTTAYAM. BY ADV. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR RESPONDENT(S): DEFACTO COMPLAINANT ------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RADHAMMA,W/O.VIJAYAKUMARAN NAIR, AGED 53 YEARS,V.R.BHAVAN,NEAR MARKET,MEPPUKADA, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1968 of 2010 = = = = = = = = = = = = = = Dated:07.06.2010 ORDER Petitioner, who is the 2nd accused in Crime No.407/2005 of Malayinkizhu Police Station for offences punishable under Sections 420 read with 34 IPC seeks to quash Annexure A1 and further proceedings in C.C.No.29/2007 on the file of the J.F.C.M, Kattakada. 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 7th day of June, 2010. V. RAMKUMAR, JUDGE sj