IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1677 of 2010() ------------------------- CRIME NO.195/2009 OF MANKARA POLICE STATION PETITIONER(S): ACCUSED NO.19 TO 21 ---------------------------------- 1. HAMZA, S/O.MARAKKAR, AGED 57 YEARS, KIZHAKKETHIL HOUSE, VILAYOOR P.O., PULAMANTHOLE, MALAPPURAM DISTRICT. 2. HANEEFA, S/O.MUHAMMED KUTTY, AGED 47 YEARS, PANDARATHODI HOUSE, PULAMANTHOLE, MALAPPURAM DISTRICT. 3. SAIDALAVI, S/O.MOIDU, AGED 66 YEARS, PARAMBIL VEEDU, MOORKKANAD P.O., KULATHUR, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH, PALAKKAD BY GOVERNMENT PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1677 of 2010 = = = = = = = = = = = = = = Dated:25.05.2010 ORDER Petitioners, who are accused Nos.19,20 & 21 in Crime No.195 of 2009 of Mankara Police Station for offences punishable under Sections. 3 to 7 of Immoral Traffic Prevention Act, 1956, seek to quash the FIR and further proceedings in the above case. 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 25th day of May, 2010. V. RAMKUMAR, JUDGE sj