IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1942 of 2010() ------------------------- CC.883/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): --------------- 1. K.SREEKUMAR, 47 YEARS, S/O.KARUNAKARAN NAIR, DIVINE HOMES, SOUTH CHITTOOR, ERNAKULAM. 2. MINI SREEKUMAR, W/O.SREEKUMAR, DO. DO. BY ADV. SRI.T.R.ASWAS RESPONDENT(S): --------------- 1. RADHAKRISHNAN NAIR, S/O.KARUNAKARAN NAIR, RAGAM, VELLAKINAR WARD, ALLEPPEY. 2. STATE OF KERALA, REP.BY S.I.OF POLICE, ALLEPPEY SOUTH, ALLEPPEY. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1942 of 2010 = = = = = = = = = = = = = = Dated: 4th day of June, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.297/2009 of Alappuzha South Police Station for an offence punishable under Section 420 and read with 34 IPC, seek to quash Annexures A, B and F and all further proceedings in C.C.No.883/2009 on the file of the J.F.C.M Court-I, Alappuzha. 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. Crl. M.C. No.1942 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 4th day of June, 2010. V. RAMKUMAR, JUDGE dmb