IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Crl.MC.No. 163 of 2010() ------------------------ CC.222/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): --------------- SHERI GEORGE PHILIP, 27 YEARS OLD S/O.GEORGE PHILIP, THAZHAMON HOUSE, THOMASPURAM, MARADU P.O., ERNAKULAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOLLAM WEST, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.163 of 2010 = = = = = = = = = = = = = = Dated: 9th day of June, 2010 ORDER Petitioner, who is the third accused in Crime No.283/2008 of Kollam West Police Station for offences punishable under Sections 3, 4 and 7 of Immoral Traffic (Prevention) Act read with 4 and 6 of Indecent (Prohibition) Women Act, seeks to quash Annexure A and all further proceedings in C.C.No.222/2009 on the file of the Chief Judicial Magistrate Court, Kollam. 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 Crl. M.C. No.163 of 2010 2 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 9th day of June, 2010. V. RAMKUMAR, JUDGE dmb