IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3184 of 2010 --------------------------------- [CC.NO.559/2009 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM] .................... PETITIONER/3RD ACCUSED: ----------------------------------------- SATHEESH KUMAR, S/O.VISWANATHAN NAIR, `SANTHOSH BHAVAN', ELIPPODU DESOM, ELIPPODU JUNCTION, VATTIYOORKKAVU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. .......................................... Crl.M.C. No. 3184 of 2010 .......................................... Dated: 11-08-2010 ORDER Petitioner who is the 3rd accused in C.C. No. 559 of 2009 on the file of the Addl. Chief Judicial Magistrate, Thiruvananthapuram for offences punishable under Sections 3,4,6 and 7 of Immoral Traffic Prevention Act, seek to quash the F.I.R. and all further proceedings in the above C.C. 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. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 11th day of August, 2010. Sd/-V. RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge