IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1113 of 2010() ------------------------- CC.405/2009 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR CRIME NO. 683 OF 2008 OF CHATHANOOR POLICE STATION .................... PETITIONER(S): 1ST ACCUSED -------------------------- BIJU, S/O. KARUNAKARAN PILLAI, BIJU MANDIRAN, PALLIMON CHERRY, PALLIMON VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ...................................... Crl.M.C. No. 1113 of 2010 ....................................... Dated: Ist day of June, 2010 ORDER Petitioner who is the first accused in Crime No. 683 of 2008 of Chathannoor Police Station, Kollam District for offences punishable under Sections 20 and 21 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 seek to quash Annexure A2 final Report and all further proceedings thereon in C.C. No. 405 of 2009 on the file of the J.F.C.M., Paravur . 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 their 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 Ist day of June, 2010. Sd/-V. RAMKUMAR, JUDGE /true copy/ P.S. to Judge