IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2451 of 2010() ------------------------- CC.372/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONERS: ACCUSED ---------------------- 1. SUDHAKARAN, S/O.KARUNAKARAN, POONKURISSI VEEDU, KOTTEKKULAM P.O., THEKKETHARA, ALATHOOR. 2. SAVITHRI, W/O.SUDHAKARAN, POONKURISSI VEEDU, KOTTEKKULAM P.O., THEKKETHARA, ALATHOOR. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: COMPLAINANT -------------------------- 1. THOMAS SCARIA, S/O.LATE P.S.SCARIA, PULIKKUNNEL HOUSE, KANAMBRA P.O., VADAKANCHERY. 2. THE STATE OF KERALA, THROUGH THE S.I. OF POLICE, ALATHOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVA KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2451 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioners, who are accused in Crime No.234/2008 of Alathur Police Station for offences punishable under Sections 406, 420 & 423 read with Section 34 of I.P.C., seek to quash Annexure A4 Final Report and all further proceedings in C.C.No.372/2008 on the file of the Judicial Magistrate of the First Class, Alathoor. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2451/2010 : 2 : 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. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 2nd day of July, 2010. V.RAMKUMAR, JUDGE skj