IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 2245 of 2010() ------------------------- CC.680/2007 of 2007 OF THE J.F.C.M., KOTHAMANGALAM .................... PETITIONER(S): --------------- 1. DAISY, W/O. JOY, AGED YEARS, KOIKKARA HOUSE, VALADITHANDU, MALAYANKEEZHU, KOTHAMANGALAM. 2. JOY JOSEPH, S/O. JOSEPH, AGED 48 YEARS, KOIKKARA HOUSE, VALADITHANDU, MALAYANKEEZHU, KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT. E.K.SHAKUNTHALA @ ASHA D/O. KUTTAN, AGED ABOUT 33 YEARS, EDAKKATTUTUDY HOUSE, VALADIDITHANDU, MALAYANKEEZHU, KOTHAMANGALAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ..................................................... Crl.M.C..No. 2245 of 2010 .................................................... Dated: 22nd June, 2010 ORDER Petitioners, who are the accused in C.C. No. 680 of 2007 on the file of the J.F.C.M., Kothamangalam for offences punishable under Sections 448, 506, 509 read with Sec. 34 I.P.C. seek to quash C.C. No. 680 of 2007 on the file of the above said Magistrate. 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 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 22nd day of June, 2010. V. RAMKUMAR, JUDGE ani