IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1753 of 2010() ------------------------- CC.612/2009 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): ACCUSED -------------------------------------------- 1. HARIS, ENDRANI HOUSE, THIRUVALLUVAR.P.O. VADAKARA. 2. AMMED, MALAYANTA VALAPPIL HOUSE, THIRUVALLUVAR.P.O. 3. RABIYA, MALAYANTA VALAPPIL HOUSE, THIRUVALLUVAR.P.O. 4. A.C.ABDULLA HAJI, ENDRANI HOUSE, THIRUVALLUVAR.P.O., VADAKARA. 5. KATHEESA, ENDRANI HOUSE, P.O.THIRUVALLUVAR. BY ADV. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI SMT.C.M.NATTASHA RESPONDENT(S): COMPLAINANT ---------------------------------------------------- 1. EBRAHIM HAJI, CHIRUKANDOTH THIRUVALLUVAR.P.O., VADAKARA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1753 of 2010 = = = = = = = = = = = = = = Dated:21.05.2010 ORDER Petitioners, who are accused Nos.1 to 5 in C.C.No.612 of 2009 on the file of the J.F.C.M, Vadakara, seek to quash Annexure A1 complaint filed by the respondent and A4 order passed by the J.F.C.M, Vadakara in C.M.P.No.637/2009. 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 21st day of May, 2010. V. RAMKUMAR, JUDGE sj