IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1778 of 2010() --------------------------------- CC.46/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER(S): ----------------------- JOLLY JOSEPH, AGED 46 YEARS, S/O.JOSEPH, MANAGING DIRECTOR, FEDERAL CHITS INDIA LIMITED, KATTAPPANA, IDUKKI, RESIDING AT MALIKAPURATHU VEEDU, VETTIKKUZHI KAVALA, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, IDUKKI DISTRICT. 3. PRADOSH, S/O.ARAVINDAKSHAN, AGED 38 YEARS, PALLIKKADAVIL HOUSE, ERUPATHEKKAR KARA, THOVARAYAR P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 1778 of 2010 = = = = = = = = = = = = = = Dated: 25th day of May 2010 ORDER Petitioner, who is the accused in Crime No.608/2007 of Kattappana Police Station for offences punishable under Sections 408 and 420 of IPC, seeks to quash Annexure A4 final report and all further proceedings in C.C.No.46/2008 on the file of the J.F.C.M. Court, Kattappana. 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 file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1778 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 25th day of May, 2010. V. RAMKUMAR, JUDGE dmb