IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1735 of 2010() ------------------------- CC.670/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD .................... PETITIONER(S): 3RD ACCUSED --------------------------------------------------- JALALUDHEEN, AGED 88 YEARS, S/O.KASIMKUNJU, ROSE COTTAGE, PALLINADA, POTHENCODE, THEEPPUKAL MURI, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME RECORD BUREAU, THIRUVANANTHAPURAM RURAL. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1735 of 2010 = = = = = = = = = = = = = = Dated this the 20 th day of May, 2010 ORDER Petitioner who is the 3rd accused in Crime No.64 of 2004 of Vattappara Police Station and now pending before the J.F.C.M-I, Nedumangad as C.C.No.670 of 2009 for offences punishable under Sections 417,419,420,468,471 and 474 read with 34 IPC seeks to quash Annexure I charge sheet and all further proceedings. 2. The case is now pending before the J.F.C.M-I, Nedumangad where the court is yet to hear the parties prior to the framing of the charge. 3. It is too early for this Court to evaluate the materials produced by the prosecution and take a decision either way. The proper course of action for the petitioner is to plead for a discharge. 4. The petitioner is stated to be 88 years of old. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for Crl. M.C. No.1735 of 2010 2 discharge before the Magistrate through his counsel, the learned Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 20th day of May, 2010. V. RAMKUMAR, JUDGE sj