IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2482 of 2010() ------------------------- CMP.4114/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG CRIME NO.412/2008 OF THE HOSDURG POLICE STATION ............................... PETITIONER(S): 1ST ACCUSED -------------------------- A.P.RASHEED, A.P.HOUSE, ATHINHAL, MANIKOTH, HOSDURG. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA KOCHI-31. 2. T.P.HAMZA, SALBIL MAHAL, PERIYOT, PUDUKAI, UPPILAKAI P.O., HOSDURG. ADV. SRI.ALEX.M.SCARIA FOR R2 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2482 of 2010 = = = = = = = = = = = = = = Dated: 9th day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.412/2008 of Hosdurg Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to quash Annexure IV FIR and all further proceedings in C.C.No.1208/2008 on the file of the J.F.C.M Court-I, Hosdurg. 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. 2482 of 2010 2 counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. 4. The Court below shall consider the claim for discharge by the 1st accused untrammelled by the observations made against the petitioner herein in the order dated 26.12.2009 in CMP.No.4114/2009 as per which accused Nos.2 and 3 were discharged. The petitioner shall also be entitled to bring to the notice of the Magistrate that the matter has been subsequently settled between the de facto complainant and the petitioner and that the offence is a compoundable offence. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 9th day of July, 2010. V. RAMKUMAR, JUDGE dmb