IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1908 of 2010() ------------------------- CC.393/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): ACCUSED: ------------------------------------------ T.MURALEEDHARAN, AGED 52 YEARS, S/O.LATE T.AYYAPPAN, MUKTHI HOUSE, PANNIYANKARA AMSOM AND DESOM, P.O.KALLAI, KOZHIKODE DISTRICT. BY ADVS. SRI.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. T.DEVI, W/O.LATE T.AYYAPPAN, AGED 69 YEARS, SUJALAYAM HOUSE, POOLAYIL PARAMBA, PANNIYANKARA AMSOM AND DESOM, POST KALLAI, KOZHIKODE TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1908 of 2010 -------------------------------------- Dated this the 2nd day of June, 2010 ORDER Petitioner, who is the sole accused in C.C.No.393/2009 on the file of the Chief Judicial Magistrate, Kozhikode for offences punishable under Sections 406 and 477 of I.P.C., seeks to quash Annexure-3 and further proceedings in C.C.No.393/2009 on the file of the Chief Judicial Magistrate Court, Kozhikode. 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 Crl.M.C.No.1908/2010 : 2 : 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 2nd day of June, 2010. V.RAMKUMAR, JUDGE skj