IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2299 of 2010() ------------------------- CC.30/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED NO.3 --------------------------- N.P.THAFSAL , AGED 31 YEARS, S/O.LATE K.P.USMAN,GROCERY MERCHANT, DAYA MAHAL, UMMENCHERI POST, TELLICHERRY. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SMT.P.S.MAHESWARI RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. ASSISTANT COMMISSIONER,CUSTOMS PREVENTIVE DIVISION, KOZHIKODE. 2. UNION OF INDIA, REPRESENTED BY ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2299 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER Petitioner, who is the third accused in C.C.No.30 of 2009 on the file of the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam for an offence punishable under Section 135 of the Customs Act, seeks to quash the complaint and all further proceedings in C.C.No.30/2009 on the file of the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam. 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 Crl.M.C.No.2299/2010 : 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. Dated this the 28th day of June, 2010. V.RAMKUMAR, JUDGE skj