IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 2619 of 2010() ------------------------- CC.1091/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): --------------- V.T.RAJESH, S/O.THULASIDAR, AGED 38 YEARS, VADAKKE VELIYIL HOUSE, THONDANKULANGARA WARD, ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2619 of 2010 = = = = = = = = = = = = = = Dated: 12th day of July, 2010 ORDER Petitioner, who is the 6th accused in Crime No.58/2002 of Alappuzha South Police Station for offences punishable under Sections 143, 149, 147, 285 and 353 IPC, seeks to quash all further proceedings in C.C.No.1091/2008 on the file of the J.F.C.M Court-I, Alappuzha. 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 Crl. M.C. No.2619 of 2010 2 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 12th day of July, 2010. V. RAMKUMAR, JUDGE dmb