IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2693 of 2010() ------------------------- SC.519/2010 of ADDL. SESSIONS COURT (FAST TRACK NO.II-ADHOC), THRISSUR .................... PETITIONER: 12TH ACCUSED --------------------------- SHINOJ, AGED 29 YEARS, S/O.GOPI, VATTAPARAMBIL HOUSE, METHALA PO, KODUNGALLUR-680 669. BY ADV. SMT.C.G.PREETHA RESPONDENT/COMPLAINANT & STATE: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2693 of 2010 ---------------------------------- Dated this the 16th day of July, 2010 ORDER Petitioner, who is the 12th accused in Crime No.325/2004 of Kodungalloor Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 & 308 read with Section 149 of I.P.C., seeks to quash the proceedings in S.C.No.519/2010 on the file of the Additional Sessions Court, Thrissur. 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.2693/2010 : 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. Petitioner may also highlight the fact that the co-accused have been acquitted after trial in S.C.No.689/2004 on the file of the Additional Sessions Court (Fast Track No.II-Adhoc), Thrissur. Dated this the 16th day of July, 2010. V.RAMKUMAR, JUDGE skj