IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 2785 of 2009() ------------------------- CC.142/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER: 3RD ACCUSED -------------------------- G.RAJAN, AGED 52 YEARS,S/O.T.A.GOPALAKRISHNAN, ANATHA P.T.ANTONY ROAD,PALARIVATTOM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2785 of 2009 -------------------------------------- Dated this the 22nd day of June, 2010 ORDER Petitioner, who is the accused No.3 in C.C.No.142/2007 on the file of the Judicial Magistrate of the First Class Court-I, Kottarakkara for an offence punishable under Section 18(a) (i) of the Drugs and Cosmetics Act, 1940, seeks to quash all further proceedings in C.C.No.142/2007 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 Crl.M.C.No.2785/2009 : 2 : 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 petitioner. Dated this the 22nd day of June, 2010. V.RAMKUMAR, JUDGE skj