IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1563 of 2010() ------------------------- CC.19/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): IST ACCUSED -------------------------- R.M.SUDARSHAN, S/O.KARUNAKARAN, CHILANKA HOUSE, KOTTULI P.O., KOTTULI AMSOM & DESOM, KOZHIKODE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREEJITH, S/O.SAHADEVAN, CHELAPPURATH HOUSE, VRINDAVAN, A/3 VRINDAVAN COLONY, GOAL LINKS ROAD, CHEVAYOOR. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1563 of 2010 = = = = = = = = = = = = = = Dated: 21st day of May, 2010 ORDER Petitioner, who is the accused in Crime No.101/2003 of Kasaba Police Station, Kozhikkode for offences punishable under Section 420 read with 34 of the Indian Penal Code, seeks to quash Annexure A final report and further proceedings in C.C.No.19/2010 on the file of the Chief Judicial Magistrate Court, Kozhikkode. 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 petitioner to plead for a discharge in absentia. Accordingly if the petitioner file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1563 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 21st day of May, 2010. V. RAMKUMAR, JUDGE dmb