IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2555 of 2010() ------------------------- CC.226/2008 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED ---------------------- PRASOBH KUMAR, S/O. RAMACHANDRAN, SRIRAG VEEDU, VIVEKANANDA NAGAR, KESAVADAS PURAM, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.605/2007 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM). PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ........................................... Crl.M.C. No. 2555 of 2010 .............................................. Dated: 27th day of July, 2010 ORDER Petitioner who is the 2nd accused in C.C. No. 226 of 2008 on the file of the Chief Judicial Magistrate, Thiruvananthapuram for offences punishable under Sections 465 and 469 read with Sec. 34 I.P.C. seek to quash all further proceedings in the above C.C. 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 petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner 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 petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner . Dated this the 27 th day of July, 2010. V. RAMKUMAR, JUDGE