IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1001 of 2010() ------------------------- CC.241/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): 14TH ACCUSED --------------------------- ANSHUMAN MATHUR, SECTOR-7 FLAT NO-68 F, DDA SFS FLATS, JASOLA VIHAR, NEW DELHI-110 025. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.S.SHARAFUDEEN, CONSORTIUM INFOWAYS LTD., NOBLE BUILDING, NEAR ARAYADATHU PALAM, MAVOOR ROAD, KOZHIKODE. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1001 of 2010 = = = = = = = = = = = = = = Dated: 24th day of May, 2010 ORDER Petitioner, who is the accused in Crime No.162/CR/SIII/03 of CBCID, SIG-III Police Station for offences punishable under Sections 420, 406 read with 120(B) of IPC, seeks to quash Annexure V final report and all further proceedings in C.C.No.241/2007 pending before the Chief Judicial Magistrate Court, Kozhikkode. 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 petitioners to plead for a discharge in absentia. Accordingly if the petitioner file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1001 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 24th day of May, 2010. V. RAMKUMAR, JUDGE dmb