IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2865 of 2010() ------------------------- (CRIME NO.1/2008 OF VAZHAKKAD POLICE STATION) PETITIONERS: ACCUSED ---------------------- 1. ABDUL AZEEZ, S/O.BICHIKOYA KUTTY, MANJAKKADAN VALLIKKATTU KUZHI HOUSE,KALLOR, VAQZHAYOOR,RAMANATTUKARA, MALAPPURAM. 2. BICHIKOYA,AGED 62 YEARS RESIDING -DO- 3. AYSHABI, AGED 58 YEARS, RESIDING -DO- 4. KUBHI MUHAMMED, AGED 41 YEARS, RESIDING AT -DO- -D0- 5. SIDDIQUE, AGED 33 YEARS, RESIDING -DO- 6. BASHEER, AGED 33 S/O.AHAMMED, RESIDING -DO- BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. JAMEELA, D/O.MUHAMMED, PEEDIYEKAL HOUSE, PULIKAL THAQZHETH VAYAL,' KARUVATHURUTHY, PO, FAROOK, KOZHIKODE 2. SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION,. 3. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2865 of 2010 ---------------------------------- Dated this the 26th day of July, 2010 ORDER Petitioners, who are accused in Crime No.1 of 2008 of Vazhakkad Police Station for offences punishable under Sections 406, 498A, 323 & 324 read with Section 34 I.P.C., seek to quash Annexure I Final Report and further proceedings in C.C.No.244 of 2008 on the file of the Judicial Magistrate of the First Class, Malappuram. 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 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 Crl.M.C.No.2865/2010 : 2 : 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 26th day of July, 2010. V.RAMKUMAR, JUDGE skj