IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 951 of 2010() ------------------------ CC.516/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER(S): --------------- ABRAHAM JOSEPH,S/O.N.I.JOSEPH, AGED 20 YEARS,RESIDING AT 'MARY DALE',T.C.16/1736, GOUREESAPATTOM,THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMACHANDRAN SRI.SAJI KURIACHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,AROOR POLICE STATION,AROOR,ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.951 of 2010 = = = = = = = = = = = = = = Dated: 24th day of May, 2010 ORDER Petitioner, who is the accused in Crime No. 88/2009 of Aroor Police Station registered for offences punishable under Sections 279 and 304A IPC and now pending before the Judicial First Class Magistrate Court-II, Cherthala as C.C. No.516/2009 seeks to quash all entire proceedings before the court. 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 file an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.951 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 24th day of May, 2010. V. RAMKUMAR, JUDGE dmb