IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2555 of 2010()
1. PRASOBH KUMAR, S/O. RAMACHANDRAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/07/2010
O R D E R
V. RAMKUMAR, J
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Crl.M.C. No. 2555 of 2010
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Dated: 27th day of July, 2010
ORDER
Petitioner who is the 2nd accused in C.C. No. 226 of 2008 on the file
of the Chief Judicial Magistrate, Thiruvananthapuram for offences
punishable under Sections 465 and 469 read with Sec. 34 I.P.C. seek to
quash all further proceedings in the above C.C.
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 27th day of July, 2010.
V. RAMKUMAR, JUDGE