IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 2104 of 2010() ---------------------------------- CC.150/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. CRIME NO.549/2004 OF PATHANAMTHITTA POLICE STATION . .................... PETITIONER(S): ACCUSED ------------------------ ANTONY.K.BABU @ BABU, S/O.ANTONY KOZHIPPATTU VEEDU, PUTHANPALLI, VARAPPUZHA MURI VARAPPUZHA VILLAGE, ERNAKULAM. BY ADV. SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.SANU.S.PANICKER RESPONDENT(S): STATE AND COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. MOHAN MATHEW, KADAVIL VEEDU,PALAMARUR MURI, KUMPAZHA PO, PATHANAMTHITTA REPRESENTED BY POWER OF ATTORNEY HOLDER BINU K.MATHEW, KADAVIL VEEDU, PALAMARUR MURI, KUMPAZHA PO, PATHANAMTHITTA BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2104 of 2010 -------------------------------------- Dated this the 16th day of June, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.549/2004 of Pathanamthitta Police Station for an offence punishable under Section 420 of I.P.C., seeks to quash Annexure A1 Charge Sheet and further proceedings in C.C.No.150/2009 on the file of the Chief Judicial Magistrate's Court, Pathanamthitta. 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 Crl.M.C.No.2104/2010 : 2 : through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. 4. Petitioner shall also be permitted to bring to the notice of the learned Magistrate that the co-accused has already acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 16th day of June, 2010. V.RAMKUMAR, JUDGE skj