IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 2061 of 2010() ------------------------- CC.50/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED ---------------------- JAYAPRASAD,S/O.KARUNAKARAN, RAMAMANGALAM VEEDU,MALOOR MURI, PATTAZHIVADAKKEKKAVU VILLAGE,ADOOR. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION. BY P.P.SRI.C.S.HRITICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.2061 of 2010 = = = = = = = = = = = Dated: 15th day of June, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.245/97 of Adoor Police Station for offences punishable under Sections 447, 427 and 506(1) read with 34 IPC, seek to quash Annexure IV and all further proceedings in C.C.No.50/2000 (L.P.No.123/03) on the file of the J.F.C.M Court, Adoor. 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.2061 of 2010 2 counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner may also raise the contention that the co-accused in the case have been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 15th day of June, 2010 V. RAMKUMAR, (JUDGE) dmb