IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2027 of 2010()
1. MACHINGAL KUNHIPATHUMMA
... Petitioner
2. KULAMVALAPPIL SULAIMAN
3. CHATHERY NABEESU
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.2027 of 2010
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Dated: 15th day of June, 2010
ORDER
Petitioners, who are accused Nos.1 to 3 in C.C.No.37/2010
on the file of the Chief Judicial Magistrate Court, Manjeri, for an
offence punishable under Section 3 read with 23 of the Kerala
Conservation of Paddy land & Wetland Act 2008, seek to quash
Annexure A complaint and all further proceedings in
C.C.No.37/2010.
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
petitioners is groundless and the same is liable to be quashed.
The appropriate remedy of the petitioners 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 petitioners file an
application for discharge before the court below through their
counsel, that court shall not insist on the personal appearance
of the petitioners for the disposal of the discharge petition.
Crl. M.C. No.2027 of 2010
2
This Crl.M.C is disposed of reserving the above right of
the petitioners.
Dated this the 15th day of June, 2010.
V. RAMKUMAR, JUDGE
dmb