Ramachandran vs Addl.Sub Inspector Of Police on 20 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 615 of 2010()


1. RAMACHANDRAN, AGED 37 YEARS,
                      ...  Petitioner
2. SIDHAN @ SIDHARTHAN, AGED 47 YEARS,
3. SUNIL, AGED 34 YEARS,
4. SAJEEV KUMAR, AGED 34 YEARS,

                        Vs



1. ADDL.SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.A.C.DEVY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/05/2010

 O R D E R
                            V. RAMKUMAR, J.
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                            Crl.M.C..No.615 of 2010
                          = = = = = = = = = = = = = =
                     Dated this the 20th day of May, 2010
                                     ORDER

Petitioners, who are accused Nos.2 to 5 in crime No.3/2002 of

Puthukkad Police Station for offences punishable under Section 3 and

7(1)(b) of the Immoral Traffic (Prevention) Act, 1956, seek to quash

Annexure B final report and further proceedings in C.C.No.321 of

2002 on the file of the J.F.C.M, Irinjalakuda.

2. It is too early for this Court exercising jurisdiction under

Section 482 Cr.P.C to hold that the prosecution of the petitioner is

groundless and the same is liable to be quashed. The appropriate

remedy of the petitioners is to plead for a discharge before the

Magistrate.

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 petitioners file an application for

discharge before the Magistrate through their counsel, the

Magistrate shall not insist on the personal appearance of the

petitioners for the disposal of the discharge petition.

This Crl.M.C is disposed of reserving the above right of the

petitioners.

Dated this the 20th day of May, 2010.

V. RAMKUMAR, JUDGE

sj