IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 549 of 2010() ------------------------ CC.93/2008 of JUDL. MAGISTARTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): ACCUSED 1 & 2 ----------------------------------------------------- 1. ADV.STEFHY JOHN, AGED 40 YEARS, S/O.JOHN, ATTOKARAN HOUSE, THIRUTHUR TEMPLE ROAD, ANCHERY, KURIACHIRA P.O., THRISSUR DISTRICT. 2. BINDU STEFHY, AGED 36 YEARS, W/O.ADV.STEFHY JOHN, AGED 40 YEARS, S/O.JOHN, ATTOKARAN HOUSE, THIRUTHUR TEMPLE ROAD, ANCHERY, KURIACHIRA P.O., THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------------- 1. RUNO VARGHESE. P., AGED 29 YEARS, S/O.REV.FR.P.K.VARGHESE, POOLON HOUSE, MAR YOUNAN CHURCH, MULANGUNNATHUKAVU P.O., THRISSUR-680581. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.549 of 2010 = = = = = = = = = = = = = = Dated:01.07.2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.93/2008 on the file of the J.F.C.M-III, Thrissur for offences punishable under Sections 417,420,465 read with 34 IPC, seek to quash Annexure A complaint and all further proceedings. 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 1st day of July, 2010. V. RAMKUMAR, JUDGE sj