IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Crl.MC.No. 1053 of 2010() ------------------------- CC.389/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONERS: ACCUSED NO.2&3: ------------------------------ 1. NAZAR, AGED 50 YEARS, S/O.KHADER MEERA RAWTHER, PUTHENVEEDU, KATTUPUTHUSSERI DESOM, PALLICKAL VILLAGE, ATTINGAL. 2. AMANULLAH, AGED 59 YEARS, S/O.SAINULABDEEN, PEZHUVILA VEEDU, PALLICKAL VILLAGE, ATTINGAL. BY ADV. SRI.S.RAJEEV RESPONDENTS: RESPONDENT/STATE: -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.33 OF 2006 OF PALLICKAL POLICE STATION, ATTINGAL). 2. SHEENA, AGED 39 YEARS, D/O.PADMAVATHY, THANALIL, KULATHOOR, ATTIPRA VILLAGE, TRIVANDRUM. 3. SUDHIMON, S/O.SREETHARAN, SUDHEESH BHAVAN, AYIRAVALLI, ARAMAM DESOM PALLICKAL VILLAGE, ATTINGAL. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.1053 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER Petitioners, who are accused Nos.2 & 3 in Crime No.33 of 2006 of Pallickal Police Station for offences punishable under Sections 353, 294(b) & 323 read with Section 34 of I.P.C., seek to quash all further proceedings in C.C.No.389 of 2006 on the file of the Judicial Magistrate of the First Class-II, Attingal. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to hold that the prosecution of the petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly if the petitioners Crl.M.C.No.1053/2010 : 2 : file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. In case the petitioners file an application for discharge before the Magistrate through their counsel the non-bailable warrants if any pending against the petitioners shall stand re-called. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 21st day of July, 2010. V.RAMKUMAR, JUDGE skj