IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 1781 of 2009() ------------------------- CC.795/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ACCUSED ------------------------------------------ MADHU GOPAL,S/O. GOPAL, AGED 38 YEARS, CHULOOR DESOM,EDATHURUTHI VILLAGE, KODUNGALLUR,CHULOOR P.O.THRISSUR-680567 BY ADV. SRI.JOHN NUMPELI (JUNIOR) RESPONDENT(S): COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. GEENA,AGED 29,W/O.MADHU GOPAL, D/O. KUMARAN, KATTIL VEEDU, MADAYIKONAM DESOM AND VILLAGE,MUKUNDAPURAM TALUK,THRISSUR, PIN - 680712. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK SRI.M.R.VENUGOPAL FOR R2 SMT.DHANYA P.ASHOKAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1781 of 2009 = = = = = = = = = = = = = = Dated: 22.06.2010 ORDER Petitioner, who is the 1st accused in Crime No.591 of 2008 of Mathilakam Police Station for an offence punishable under Section 498A read with 34 IPC seeks to quash all further proceedings in C.C.No.795/2008 on the file of the J.F.C.M, Kodungallur. 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. The petition for discharge is permitted to be filed notwithstanding the pendency of non-bailable warrants, if any, against the petitioner. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 22nd day of June, 2010. V. RAMKUMAR, JUDGE sj