IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 1956 of 2009() ------------------------- CC.108/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER: ACCUSED NO.2: ---------------------------- SUSAMMA, HILL VIEW, KURACHELLUR CHERI, ADICHANALLUR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENTS: DEFACTO COMPLAINANT AND STATE: --------------------------------------------- 1. BANK OF INDIA, REPRESENTED BY ITS MANAGER, PATHANAMTHITTA BRANCH. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU SRI.DEVAN RAMACHANDRAN FOR R1 SRI.K.M.ANEESH FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.1956 of 2009 ---------------------------------- Dated this the 20th day of July, 2010 ORDER Petitioner, who is the second accused in Crime No.359/2006 of Pathanamthitta Police Station for offences punishable under Sections 420, 465, 468 & 471 read with Section 34 of I.P.C. and Sec.38 & 39 of Travancore Cochin Medical Practitioners Act and Sec.15(2)(3) of the Indian Medical Council Act, seeks to quash Annexure A5 final report and further proceedings in C.C.No.108 of 2008 on the file of the Chief Judicial Magistrate, Pathanamthitta. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.1956/2009 : 2 : 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 her counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner may also highlight before the Chief Judicial Magistrate, Pathanamthitta that the matter has been settled between the de facto complainant and the petitioner. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 20th day of July, 2010. V.RAMKUMAR, JUDGE skj