IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1082 of 2010() ------------------------- SC.98/2006 of ASSISTANT SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 ------------------------------------------- NIZAMUDEEN, S/O. SAINULAHDEEN, HOUSE NO. F 18, TAJ BUILDING, CHARACHIRA, ANATHARA SCHOOL, NANTHANCODE, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1082 of 2010 = = = = = = = = = = = = = = Dated:31.05.2010 ORDER Petitioner, who is the 1st accused in Crime No.109/2002 of Cantonment Police Station, Thiruvananthapuram for offences punishable under Section 55(a) read with Section 15(c) of the Abkari Act, seeks to quash all further proceedings in S.C.No.98/2006 on the file of the Principal Assistant Sessions Court, Thiruvananthapuram 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 31st day of May, 2010. V. RAMKUMAR, JUDGE sj