IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1956 of 2009()
1. SUSAMMA, HILL VIEW, KURACHELLUR CHERI,
... Petitioner
Vs
1. BANK OF INDIA, REPRESENTED BY ITS
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.M.T.SURESHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.1956 of 2009
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Dated this the 20th day of July, 2010
ORDER
Petitioner, who is the second accused in Crime
No.359/2006 of Pathanamthitta Police Station for offences
punishable under Sections 420, 465, 468 & 471 read with
Section 34 of I.P.C. and Sec.38 & 39 of Travancore Cochin
Medical Practitioners Act and Sec.15(2)(3) of the Indian
Medical Council Act, seeks to quash Annexure A5 final
report and further proceedings in C.C.No.108 of 2008 on
the file of the Chief Judicial Magistrate, Pathanamthitta.
2. It is too early for this Court exercising
jurisdiction under Section 482 Cr.P.C to meticulously scan
the voluminous prosecution records and to 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
Crl.M.C.No.1956/2009
: 2 :
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 her counsel, that court shall not insist on the
personal appearance of the petitioner for the disposal of
the discharge petition. The petitioner may also highlight
before the Chief Judicial Magistrate, Pathanamthitta that
the matter has been settled between the de facto
complainant and the petitioner.
This Crl.M.C is disposed of reserving the above right
of the petitioner.
Dated this the 20th day of July, 2010.
V.RAMKUMAR, JUDGE
skj