IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Crl.MC.No. 2213 of 2010() ------------------------------------------ SC.559/2005 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... PETITIONER(S): ACCUSED 3,5,6,11,12,14,15,21,25,26 & 27 ----------------------------------------------------------------------------------------------- 1. MOHAMMED RAFEEK, S/O. ABDUL KADER, NEAR GHS, UPPALA, PACHILAMPARA, UPPALA, KASARAGOD. 2. MOHAMMED ASHIQ,S/O. NURUDDIN, ASHIQ MANZIL, NAYA BAZAAR,UPPALA,KASARAGOD. 3. ABDUL BASHIR M.S. S/O. MOHAMMED, RAZACK MANZIL, NEAR GHS, UPPALA, 4. ABDUL SAMIR, S/O. HUSSAIN,FAIMUDA MANZIL, AYALA MAIDAN, MANGALPADY. 5. ABDUL GAFOOR, S/O.MOHAMMED, MAJAL HOUSE HOSANGADI, BANGARA MANJESHWAR. 6. ABDUL LATHEEF, S/O.SHEIKH HAMMED, MANIMUNDA, UPPALA. 7. MOHAMMED SAMEER, S/O. SHEIK ALI, HILL SIDE CROSS RAOD, MANJESHWAR. 8. THOUFEEQ H., S/O. HUSSAIN, PACHILAMPARA, NEAR GHS SCHOOL,UPPALA. 9. MOHAMMED YOUSAF @ YOUSUF, S/O.KASIM SAHIB, KHASI HOME, HIDAYATH NAGAR, UPPALA. Crl.MC.No. 2213 of 2010 2 10. MOHAMMED HANEEF @ HANEEF, S/O. KUNHAMMED, SAFIYA MANZIL, UPPALA, KASARAGOD. 11. SHEIKH MOHAMMED HUSSAIN, S/O.ABDULLA SARANG, RISHAN MANZIL, UPPALA, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------------- 1. STATION HOUSE OFFICER,MANJESHWR. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2213 of 2010 = = = = = = = = = = = = = = Dated: 21.06.2010 ORDER Petitioners, who are accused Nos.3,5,6,11,12,14,15,21,25,26 and 27 in Crime No.131/2003 of Manjeshwar Police Station for offences punishable under Sections 143,147,148,332,308 & 149 IPC and Section 3(1) of the PDPP Act, seek to quash Annexure III final report and further proceedings in S.C.No.559 of 2005 on the file of the Addl.District and Sessions Judge, Adhoc III, Kasaragod. 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. The petitioners can also raise the contention that the co- accused in the case have already been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 21st day of June, 2010. V. RAMKUMAR, JUDGE sj