IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2657 of 2010()
1. ANOOP JOSE, S.I. OF POLICE,
... Petitioner
Vs
1. STATE OF KERALA REP.BY
... Respondent
2. SUNIL, S/O.RAGHAVAN,
For Petitioner :SRI.R.SUNIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No. 2657 of 2010
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Dated: 13th day of July, 2010
ORDER
Petitioner is the accused in C.C. No. 545 of 2009 on the file of
the J.F.C.M.I. Mavelikkara for offences punishable under Sections
294 (b), 355, 342, 348, 330 and 466 I.P.C. seeks to quash all further
proceedings in C.C.No. 545 of 2010 pending before the same Court.
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 file 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. The petitioner will be entitled to
raise the question of prosecution sanction also.
This Crl.M.C is disposed of reserving the above right of the
petitioner.
V. RAMKUMAR, JUDGE
ani/