IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Crl.MC.No. 2769 of 2010() ------------------------- CC.1143/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER: ACCUSED ---------------------- MOHANRAJ, 58 YEARS S/O. RAGHAVAN, THANDAYAMPARAMBIL THRISSUR. BY ADV. SRI.B.V.JOY SANKER SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. ABDULKHADIR.N.B. TH0NNAMBULLY VEEDU, CHIRAKKARA KATTAKAMBAL, THRISSUR DIST.680020 PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2769 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER Petitioner, who is the accused in Crime No.869 of 2008 of Kunnamkulam Police Station for an offence punishable under Section 420 I.P.C., seeks to quash Annexure-A1 complaint and further proceedings in C.C.No.1143 of 2009 on the file of the Judicial Magistrate of the First Class, Kunnamkulam. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2769/2010 : 2 : 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 21st day of July, 2010. V.RAMKUMAR, JUDGE skj