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. 1822 of 2010() ------------------------- CC.169/2008 IN CBCID CRIME NO.102/CR/03 OF PALAKKAD (CRIME NO.541 OF 2001 OF PERINTHALMANNA POLICE STATION) .................... PETITIONER(S): 1OTH ACCUSED --------------------------- NAZARUDHEEN.M.P,S/O.MARAKKAR MOULAVI, MANGADANPARAMBATH HOUSE,MANALAYA,PUNNAKKODU, ANAMANGAD,ALIPARAMBU,PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA REPRESENTELD BY THE DY. S.P.OF POLICE,CBCID,PALAKKAD THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. UNNEENKUTTY,S/O.POCHER HAJI @ ABOOBAKKAR KOLACHALIL HOUSE,THAZHEKOD AMSOM,PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. 3. AHMAD KUTTY,S/O.ABDULLAKUTTY, PONNEATH NELLIKUNNATH HOUSE,THAZHEKOD AMSOM, PERINTHALMANNA TALUK,MALAPPURAM DISTRICT. ADV. SRI.V.MOHAMMED RAFEEQ FOR R1 PUBLIC PROSECUTOR MR. S.U.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. 1822 of 2010 = = = = = = = = = = = = = = Dated:9th day of June, 2010 ORDER Petitioner, who is the tenth accused in CBCID Crime No.102/CR/03 of Palakkad (Crime No.541 of 2001 of Perinthalmanna Police Station) for offences punishable under Sections 143, 147, 448, 427 and 380 read with 149 IPC, seeks to quash Annexure-I final report and all further proceedings in C.C.No.169 of 2008 on the file of the J.F.C.M Court-I, Perinthalmanna. 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 Crl. M.C. No.1822 of 2010 2 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 9th day of June, 2010. V. RAMKUMAR, JUDGE dmb