IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Crl.MC.No. 2016 of 2010() ------------------------- CC.265/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- 1. ANIL KUMAR, S/O.LATE SADANANDA PANICKER, AGED 49 YEARS, RESIDING AT 'GOKULAM',ARUPARAKKONAM EZHUKONE P.O., KOLLAM DISTRICT. 2. AJAS, S/O.ALIYARKUNJU, AGED 21 YEARS, 'KADAYIL THEKKETHIL HOUSE',KARIKKOD, T.K.M.C P.O., KILIKKOLLUR CHERY, KOLLAM DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2016 of 2010 = = = = = = = = = = = = = = Dated:15th day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.1340/2009 of Kollam East Police Station for offences punishable under Sections 511 of 420 read with 34 IPC, seek to quash Annexure A3 final report and further proceedings in C.C.No.265/2009 on the file of the Chief Judicial Magistrate Court, Kollam. 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 Crl. M.C. No.2016 of 2010 2 counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 15th day of July, 2010. V. RAMKUMAR, JUDGE dmb