IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1909 of 2010() ------------------------- CC.765/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): 1ST ACCUSED: ------------------------------------------- SUKUMARI NARAYANAN, W/O.LATE NARAYANAN, AGED 52 YEARS, NEDUVAMTHANATH HOUSE, N.MAZHUVANNOOR, VALAMBOOR. BY ADV. SRI.VINUCHAND RESPONDENT(S): STATE/COMPLAINANT: ---------------------------------------------------------------- 1. STATE OF KERALA, REP.BY S.I.OF POLICE, KUNNATHUNADU POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PADMANABHAN, S/O.RAMAN, NEDUVANTHANATHU HOUSE, N.MAZHUVANNOOR, VALAMBOOR. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1909 of 2010 = = = = = = = = = = = = = = Dated: 02.06.2010 ORDER Petitioner, who is the 1st accused in C.C. No.765 of 2008 on the file of the J.F.C.M, Kolenchery for offences punishable under Sections 415 and 120B read with 34 IPC seeks to quash further proceedings. 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 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 2nd day of June, 2010. V. RAMKUMAR, JUDGE sj