IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Crl.MC.No. 3109 of 2010() ------------------------------------ ST.1432/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, CHERTHALA .................... PETITIONERS/2ND ACCUSED: ------------------------------------------- S. MAHESH, S/O.SANKARANARAYANAN, SARASWATHI NIVAS, TC.36/1092, VALLANKADU POST, TRIVANDRUM. BY ADV. SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH, SMT.R.LEELA. RESPONDENT/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOOD INSPECTOR, CHERTHALA MUNICIPALITY, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3109 of 2010 = = = = = = = = = = = = = = Dated: 4.08.2010 ORDER Petitioner, who is the 2nd accused in S.T. No.1432/2008 on the file of the J.F.C.M-I, Cherthala for offences punishable under Sections 2(ix) (K), Section 16(1)(g)(i) of Prevention of Food Adulteration Act and Rule 32 c (i) 32(f) and 32(i) of Prevention of Food Adulteration Rules seeks to quash further proceedings. 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 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. V. RAMKUMAR, JUDGE sj