IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Crl.MC.No. 2322 of 2010() ------------------------- CRIME NO.1690/2008 OF PERUMBAVOOR POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.5409/2008 Dated 29/08/2008 .................... PETITIONER(S): PETITIONER ------------------------------------------- BABY, AGED 43 YEARS, S/O.VARGHESE, ARAKKAL HOUSE, KURUPPAMPADY, PRESENTLY RESIDING AT DOOR NO.978, NEAR G.P.THEATRE, RADHAKRISHNAN ROAD, COIMBATORE DISTRICT, TAMIL NADU. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SKARIA, S/O.XAVIOR, AGED 45 YEARS, AMBATT HOUSE, DEVNAGAR, SAHIR TALUK, SHIMOGA DISTRICT, KARNATAKA STATE. 3. JINS V.VARGHESE, S/O.VARGHESE, VITHAYATHIL HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2322 of 2010 = = = = = = = = = = = = = = Dated:25.06.2010 ORDER Petitioner, who is the accused in Crime No.1690 of 2008 of Perumbavoor Police Station for an offence punishable under Section 420 IPC, seeks to quash Annexure A2 charge sheet and further proceedings in C.C.No.1333/2008 on the file of the J.F.C.M, Perumbavoor. 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 25th day of June, 2010. V. RAMKUMAR, JUDGE sj