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. 1100 of 2010() CRIME NO.623/2010 OF J.F.C.M COURT, IRINJALAKKUDA ------------------------- PETITIONER(S): ACCUSED ---------------------- 1. JIJI, S/O.ANTONY, KODIYAN HOUSE, KANNAMPATHOOR, PUDUKKAD- 680 301, THRISSUR DISTRICT. 2. SAJI, S/O.ANTONY, KODIYAN HOUSE, 3/315, KANJOOR ROAD, KANJOOPADAM, PUDUKKAD- 680 301, THRISSUR DISTRICT. 3. RAJAN, S/O.ANTONY, KODIYAN HOUSE, 1/104, NORTH THORAVU PUDUKKAD- 680 301, THRISSUR DISTRICT. 4. JIMMY, S/O.ANTONY, KODIYAN HOUSE, 2/222, NEAR AVILA COLLEGE, PUDUKKAD- 680 301, THRISSUR DISTRICT. 5. SEBI, S/O.ANTONY, KODIYAN HOUSE, 2/197, HOSPITAL ROAD, PUDUKKAD- 680 301, THRISSUR DISTRICT. BY ADV. SRI.M.AJAY RESPONDENT(S): STATE, INVESTIGATION OFFICER & COMPLAINANT --------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PUDUKKAD POLICE STATION, THRISSUR DISTRICT. 3. WILSON, S/O.ANTONY, KODIYAN HOUSE, THORAVU VILLAGE, PUDUKKAD, THRISSUR DISTRICT. PUBLIC PROSECUTOR MR.S.U.NAZER 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.1100 of 2010 = = = = = = = = = = = = = = Dated: 4th day of June 2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.598/2009 of Pudukkad Police Station for offences punishable under Sections 463, 464, 465, 468, 420 and read with 34 IPC, seek to quash Annexure-I complaint, Annexure -II F.I.R and all further proceedings in C.C.No.623/2010 on the file of the J.F.C.M Court, Irinjalakkuda. 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. Crl. M.C. No.1100 of 2010 2 The petitioners shall also be at liberty to bring to the notice of the Magistrate that the matter has subsequently been settled between the parties and a compromise has been arrived before the Lok Adalath. This Crl.M.C is disposed of reserving the above rights of the petitioners. Dated this the 4th day of June, 2010. V. RAMKUMAR, JUDGE dmb