IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3368 of 2010() ------------------------- CC.1344/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER(S): ACCUSED 1: -------------------------------------------- MADHUSOODHANAN PILLAI, AGED 43 YEARS, S/O.CHANDRAN PILLAI, MADHU NIVAS, VENMONEY VILLAGE, CHENGANNUR. BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3368 of 2010 = = = = = = = = = = = = = = Dated: 17.08.2010 ORDER Petitioner, who is the 1st accused in C.C.No.1344/2008 on the file of the J.F.C.M, Chengannur for offences punishable under Sections 498A read with 34 IPC seeks to quash Annexure I charge-sheet and further proceedings in the said case. 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 17th day of August, 2010. V. RAMKUMAR, JUDGE sj