IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Crl.MC.No. 2484 of 2010() ------------------------- CRIME NO.730/2009 OF KOTTAYAM EAST POLICE STATION ----------------------------- PETITIONER(S): --------------- NASAR,S/O. UMMER, AGED 40 YEARS, VARIKOTTIL HOUSE, THIRUR TALUK, KALPPAKAMCHERI VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE SUB ISPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT. 2. P.V.GEORGE, PLAMPARAMBIL HOUSE, PANACHICADU VILLAGE, KOLLAD KARA, KOLLAD.P.O., KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2484 of 2010 = = = = = = = = = = = = = = Dated: 6th day of July, 2010 ORDER Petitioner, who is the 8th accused in Crime No.730/2009 of Kottayam East Police Station for offences punishable under Sections 143, 120(b), 342 and 364 A read with 149 IPC, seeks to quash Annexure A1 and A2 and all further proceedings in C.P.No.12/2010 on the file of the J.F.C.M Court-I, Kottayam. 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 Crl. M.C. No.2484 of 2010 2 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 6th day of July, 2010. V. RAMKUMAR, JUDGE dmb