IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2991 of 2010() ------------------------- CC.627/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED ------------------------------------------ MUHAMMED SHERIFF, SHAMEER MANZIL, KUMBAZHA KARA, ANAPPARA BHAGOM, PATHANAMTHITTA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. SHAJAHAN, S/O.MUHAMMED MUSTHAFA, LAILA COTTAGE, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2991 of 2010 = = = = = = = = = = = = = = Dated: 28.02.2010 ORDER Petitioner, who is the sole accused in Crime No.35/2006 of Cantonment Police Station for offences punishable under Sections 406 and 420 IPC seeks to quash Annexure I Final Report and further proceedings in C.C.No.627/2006 on the file of the J.F.C.M -III, Thiruvananthapuram . 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. Crl. M.C.No.2991 of 2010 2 4. Warrants, if any, pending against the petitioner shall not be executed till the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 28 th day of July, 2010. V. RAMKUMAR, JUDGE sj