IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 505 of 2010() ------------------------------- CC.85/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA. CRIME NO.250/2008 OF KONNI POLICE STATION. .................... PETITIONER(S): ACCUSED NO.3: ---------------------------- RADHAKRISHNAN NAIR, AGED 49 YEARS, S/O.RAGHAVAN PILLAI, MITHUN NIVAS, ELAKOLLOOR MURI, PRAMADOM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENT ------------------------ 1. THE SUB INSPECTOR OF POLICE, KONNI. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. THANKACHAN @ KUNJUKUNJU, AGED 64 YEARS, S/O.MATHAI, KOCHUTHUNDIL VEETIL, VATTAKAVUNKAL, ELAKOLLOOR MURI, PRAMADOM VILLAGE, PATHANAMTHITTA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R3 BY ADV. SRI.V.PHILIP MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.505 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioner who is the accused No.3 in Crime No.250/2008 of Konni Police Station for offences punishable under Sections 420, 120(b) & 34 I.P.C., seeks to quash Annexure 1 Final Report and further proceedings in C.C.No.85/2009 on the file of the J.F.C.M.Court-II, 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 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 Crl.M.C.No.505/2010 : 2 : through his 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 17th day of June, 2010. V.RAMKUMAR, JUDGE skj