IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 1232 of 2010() ------------------------------------- CC.15/2009 of SPECIAL JUDGE FOR CBI CASES-I, ERNAKULAM .................... PETITIONER/4TH ACCUSED ---------------------------------------- M. NARAYANAN @ UNNI, M/S. KRISHNAN & NARAYANAN, CUSTOMS HOUSE, AGENTS, KARIPUR AIRPORT, CALICUT. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE, ADV. SMT.S.SHEEJA KUMARY(AYOOR), SMT.APARNA RAJAN. RESPONDENTS/COMPLAINANT ---------------------------------------------- THE UNION OF INDIA, REP. BY THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION (ACB), COCHIN. BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1232 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER Petitioner, who is accused No.4 in C.C.No.15 of 2009 on the file of Special Judge for CBI Cases I, Ernakulam for offences punishable under Sections 120B read with Section 420 & 468 & 471 I.P.C. and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, seeks to quash Annexure A1 Charge Sheet/Final Report No.01/PIA/25/A/08/KER dated 30/11/2009 and all further proceedings in C.C.No.15 of 2009 on the file of Special Judge for SPE/CBI-I, Ernakulam. 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. Crl.M.C.No.1232/2010 : 2 : 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 counsel, that court 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 11th day of June, 2010. V.RAMKUMAR, JUDGE skj