IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1763 of 2010() ------------------------- PETITIONER(S): 2ND ACCUSED -------------------------- K.S.PREMACHANDRAN,AGED 43 YEARS, S/O.SATHYASANTHAN,T.C.79/1298,THOOMPODY VEEDU, KARIKKAM BEACH.P.O,THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1763 of 2010 = = = = = = = = = = = = = = Dated: 1st day of June 2010 ORDER Petitioner, who is the second accused in Crime No.47/2009 of Pettah Police Station for offences punishable under Sections 353, 294(b), 506(1) and read with 34 IPC, seek to quash Annexure 1 FIR and all further proceedings in Crime No.47/2009 of Pettah Police Station. 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 Crl.M.C..No.1763 of 2010 2 discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 1st day of June, 2010. V. RAMKUMAR, JUDGE dmb