IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2336 of 2010() ------------------------- CC.237/2008 (SPLIT UP NO.366/2010) of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED IN C.C.366/2010 -------------------------------------- PRADEEP,S/O.VENUGOPAL @ ANIYAN NAIR, NEDIYEDATHU HOUSE,SOORIA NAGAR,VAKA,ELAVALLY VILLAGE,THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): DEFACTO COMPLAINANT AND STATE -------------------------------------------- 1. SURESH,S/O.APPU,PULIKKAL HOUSE, VAKA,A.K.G.NAGAR,ELAVALLY,THRISSUR DISTRICT. 2. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.T.SHYAMKUMAR FOR R1 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2336 of 2010 = = = = = = = = = = = = = = Dated: 16th day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.558/2007 of Pavaratty Police Station for offences punishable under Section 341, 323 and 326 read with 34 IPC, seeks to quash the proceedings in C.C.No.366/2010, which is split up and refiled from C.C.No.237/2008 on the file of the J.F.C.M Court, Chavakkad. 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 Crl. M.C. No.2336 of 2010 2 counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner may also highlight before the Magistrate that co-accused in the case have already been acquitted after trial in C.C.No.237/2008. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 16th day of July, 2010. V. RAMKUMAR, JUDGE dmb