IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3460 of 2010() ------------------------- CC.118/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): --------------- P.SAHADEVAN, AGED 43 YEARS, S/O.MADHAVAN, ARCHANA HOUSE THYCADU PO, GURUVAYOOR, THRISSUR BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL SRI.SAJU JOSE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3460 of 2010 = = = = = = = = = = = = = = Dated: 18.08.2010 ORDER Petitioner, who is the 2nd accused in Crime No.325/2009 of Kannur Town Police Station for an offence punishable under Section 420 IPC, seeks to quash Annexure A3 charge and further proceedings in C.C.No.118/2010 on the file of the J.F.C.M-I, Kannur. 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. Dated this the 18th day of August, 2010. V. RAMKUMAR, JUDGE sj