IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Crl.MC.No. 2303 of 2010() ------------------------- CC.1256/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER: 8TH ACCUSED: --------------------------- MUHAMMED MUSTAFA @ NIZAR, S/O.MUHAMMED, AGED 35 YEARS, R/AT PADINJARE CHALIL HOUSE, WEST PUNNAMATTOM, ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.TOM JOSE RESPONDENTS: COMPLAINANT STATE: --------------------------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION. PUBLIC PROSECUTOR SRI.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2303 of 2010 -------------------------------------- Dated this the 29th day of June, 2010 ORDER Petitioner, who is the accused No.8 in Crime No.830/2008 of Kottarakkara Police Station for offences punishable under Sections 411, 379 & 120B read with Section 34 of I.P.C., seeks to quash Annexure C charge sheet and further proceedings in C.C.No.1256/2009 on the file of the Judicial Magistrate of the First Class Court-I, Kottarakkara. 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 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 Crl.M.C.No.2303/2010 : 2 : 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 petitioner. Dated this the 29th day of June, 2010. V.RAMKUMAR, JUDGE skj