IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 3030 of 2010() ------------------------- SC.1137/2008 of I ADDL. ASSISTANT SESSIONS COURT, THRISSUR CRIME NO. 210 OF 1999 OF kUNNAMKULAM POLICE STATION .................... PETITIONER: ---------- Pushparajan, aged 32, S/o. Pushkaran, Thalappilly House, Cheruvathani Desom. Anner Village, Thrissur District BY ADV. SRI.RAJIT RESPONDENT(S): ------------- State of Kerala, represented by Public Prosecutor, High Court of Kerala, Ernakulam PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................. Crl.M.C..No. 3030 of 2010 .................................................... Dated: 29th day of July, 2010 ORDER Petitioner who is the accused in S.C. 1137 of 2008 on the file of the I Addl. Assistant Sessions Court, Thrissur for offences punishable under Sections 143, 147, 148, 341, 448, 427, 395, 506 (ii), 394 (b) and 120 (b) read with Sec. 149 I.P.C. seeks to quash the entire proceedings pursuant to Annexure – A charge. 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 file an application for discharge before the court below through their 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 29th day of July, 2010. V. RAMKUMAR, JUDGE ani/