IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3570 of 2010() ------------------------- CC.527/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ----------------------- M.G.MATHEW @ GEEVARGHESE BABU, AGED 44 YEARS, S/O.GEEVARGHESE, KAITHAKODU MELUVILA HOUSE, KAITHAKODU VILLAGE, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3570 of 2010 = = = = = = = = = = = = = = Dated: 20th August, 2010 ORDER Petitioner who is the accused in Crime No. 366 of 2004 of Medical College Police Station, Thiruvnanathapuram and now pending before the ACJM, Thiruvananthapuram as C.C. No. 527 of 2009 seeks to quash the proceedings before the ACJM in the above C.C. 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 20th day of August, 2010. V. RAMKUMAR, JUDGE ani/