IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Crl.MC.No. 2090 of 2010() ------------------------- CRIME NO.95/2010 OF HARIPAD POLICE STATION PETITIONER(S): 5TH ACCUSED ------------------------------------------------ N.MEHBOOBKHAN, ADVOCATE, KANAKACHIRATHEKKETHIL, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): ------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2090 of 2010 = = = = = = = = = = = = = = Dated:05.07.2010 ORDER Petitioner, who is the accused in Crime No.95/2010 of Haripad Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to quash Annexure II complaint and further proceedings in C.C.No.83 of 2010 on the file of the J.F.C.M-II, Haripad 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 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 5 th day of July, 2010. V. RAMKUMAR, JUDGE sj