IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3396 of 2010() ------------------------- SC.402/2009 of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER(S): IST ACCUSED -------------------------- P.K.SHAKEEL, S/O.ABDULLAKUTTY HAJI, EDAYANNUR, THALASSERY TALUK, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, MATTANNUR POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3396 of 2010 = = = = = = = = = = = = = = Dated: 17th August, 2010 ORDER Petitioner who is the accused in Crime No. 184 of 2006 of Mattannur Police Station for an offence punishable under Sec. 308 read with Sec. 34 I.P.C. seeks to quash all the proceedings in S.C. No. 402 of 2009 on the file of the Addl. Asst. Sessions Court, Thalassery. 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 petitioners. Petitioner may also highlight the fact that the co-accused in the case have been acquitted after trial. Dated this the 17th day of August, 2010. V. RAMKUMAR, JUDGE