IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 1889 of 2010() ------------------------- CC.698/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI .................... PETITIONER(S): ACCUSED NO.1-4 ----------------------------- 1. THENARI RASEENA, W/O.FIROZ, KUTTASSERY HOUSE, WANDOOR AMSOM, P.O.VANIYAMBALAM, MALAPPURAM DISTRICT. 2. THENARI SHOUKATH, S/O.MUHAMMED, KUTTASSERY HOUSE, WANDOOR AMSOM, P.O.VANIYAMBALAM, MALAPPURAM DISTRICT. 3. THENARI SALIM, S/O.MUHAMMED, KUTTASSERY HOUSE, WANDOOR AMSOM, P.O.VANIYAMBALAM, MALAPPURAM DISTRICT. 4. THENARI NAZAR, S/O.MUHAMMED, KUTTASSERY HOUSE, WANDOOR AMSOM, P.O.VANIYAMBALAM, MALAPPURAM DISTRICT. BY ADVS. SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA SRI.ARUN KRISHNA DHAN SRI.T.K.SANDEEP AND SRI.ARJUN SREEDHAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................................... Crl.M.C.No. 1889 of 2010 ................................................... Dated: 14th June, 2010 ORDER Petitioners, who are accused Nos. 1 to 4 in Crime No. 149 of 2009 of Kalikavu Police Station registered for offences punishable under Sections 452, 354, 341 and 323 read with Sec. 34 I.P.C. seek to quash Annexure A1 F.I.R. and further proceedings in C.C.No. 698/2009 on the file of the J.F.C.M. I, Manjeri. 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. V. RAMKUMAR, JUDGE ani/