IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1580 of 2008() ------------------------- CP.31/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER: ------------------------- DR. RAKESH, S/O. C.H.NARAYANA NAIK GENERAL SURGEON, CO-OPERATIVE HOSPITAL PAYYANNUR. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ---------------------------- 1. EXCISE INSPECTOR KASARAGOD RANGE, KASARAGOD. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1580 of 2008 = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 ORDER Petitioner, who is the 2nd accused in C.R.No.36 of 2004 of Kasaragod Excise Range for offences punishable under Sections 55(a), 55(g) and 64A of the Kerala Abkari Act and whose case is now pending before the J.F.C.M, Kasaragod as C.P.No.31/2008, seeks to quash the proceedings against him. 2. It is too early to accept the petitioner's contention that he had absolutely nothing to do with the alleged activity in the property of which he is the owner. The proper course for the petitioner would be to plead for a discharge as and when the case is committed to the court of Session. 3. Since the petitioner is stated to be a medical practitioner, I am inclined to permit the petitioner to plead for a discharge in absentia. In case the petitioner files an application for discharge in absentia before the learned Sessions Judge, the Sessions Judge shall not insist on his personal appearance for the disposal of the said petition. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj