IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1956 of 2010() ------------------------- CC.6/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): ACCUSED ------------------------------------------- 1. M/S.FANTASY SALES CORPORATION, NILAMBOOR ROAD, MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER N.VALEED. 2. N.VALEED, S/O.USMAN MADANI, HILAL MANZIL, PATHAPPIRIYAM, P.O.EDAVANNA, MALAPPURAM DISTRICT. 3. P.NUSRATH, W/O.N.VALEED, HILAL MANZIL, PATHAPPIRIYAM, P.O.EDAVANNA, MALAPPURAM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): COMPLAINANT: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1956 of 2010 = = = = = = = = = = = = = = Dated: 04.06.2010 ORDER Petitioners, who are the accused in C.C No.6 of 2010 on the file of the Chief Judicial Magistrate, Manjeri for offences punishable under Sections 468,471 and 120(b) read with 34 IPC, seek to quash Annexures I and IV and further proceedings in the above case. 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 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 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. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 4 th day of June, 2010. V. RAMKUMAR, JUDGE sj