IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 808 of 2010() ------------------------ CC.320/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO.233 OF 1991 OF ERNAKULAM TOWN SOUTH POLICE STATION .................... PETITIONER(S): ACCUSED NO.1 --------------------------- RADHAKRISHNAN, AGED 57 YEARS, S/O.K.K.VARMA, MELETH HOUSE, PWD ROAD, KUNDANNUR, MARAD VILLAGE, ERNAKULAM. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.808 of 2010 = = = = = = = = = = = = = = Dated: 16th day of June 2010 ORDER Petitioner, who is the 1st accused in C.C.No.320/2005 of ACJM Court, Ernakulam (Crime No.233/1991 of Ernakulam Town South Police Station) for an offence punishable under Section 381 read with 34 IPC, seek to quash Annexure A and all further proceedings in C.C.No.320/2005. 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. Crl. M.C. No.808 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 16th day of June, 2010. V. RAMKUMAR, JUDGE dmb