IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1773 of 2010() ------------------------- CC.60/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): --------------- 1. SAUDAMINI AMMA, W/O.M.K.DIVAKARAN, MINI SADANAM, KANNAMKARA, PATHANAMTHITTA. 2. VARADARAJAN, MATTUPPALLIL, MALLASSERY, PRAMADOM, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.K.ACHUTHAN, S/O.KESAVAN, BIJU SADANAM, KOZHENCHERRY, PATHANAMTHITTA. BY PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1773 of 2010 = = = = = = = = = = = = = = Dated: 24th day of May, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No.718/2007 of Pathanamthitta Police Station for offences punishable under Sections 403, 409, 420 and read with 34 IPC, seek to quash Annexure XIV charge sheet and all further proceedings in C.C.No.60/08 on the file of the Chief Judicial Magistrate court, 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 hold that the prosecution of the petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly, if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. Crl. M.C. No.1773 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 24th day of May, 2010. V. RAMKUMAR, JUDGE dmb