IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 2410 of 2010() ------------------------- CC.359/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA (CRIME NO.247/2005 OF PANDIKADU POLICE STATION) .................... PETITIONER(S): 2ND ACCUSED -------------------------- SAIDALAVI, S/O.KAMMUKUTTY, CHENATH VEETTIL HOUSE, PARAMBILIPEEDIKA. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON SRI.JAI GEORGE SMT.M.S.KIRAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2410 of 2010 = = = = = = = = = = = = = = Dated: 1st day of July, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.247/2005 of Pandikadu Police Station for an offence punishable under Section 511 of 380 read with 34 IPC, seeks to quash all further proceedings in C.C.No.359/2009 on the file of the J.F.C.M Court-II, Perinthalmanna. 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. The petitioner may also highlight the fact that the co-accused in Crl. M.C. No. 2410 of 2010 2 the case has already been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 1st day of July, 2010. V. RAMKUMAR, JUDGE dmb