IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1289 of 2010()
1. PRASAD EZHUTHANI,
... Petitioner
Vs
1. SHO, VALAPATTANAM, KANNUR DISTRICT.
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.SREEPRAKASH K.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.1289 of 2010
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Dated: 22nd day of June, 2010
ORDER
Petitioner, who is the 9th accused in C.C.No.250/2006
(split up C.C.No.531/2008) on the file of the J.F.C.M Court-II,
Kannur, for offences punishable under Sections 143, 147, 148,
452, 324 and 427 read with 149 IPC, seeks to quash Annexure
A FIR, Annexure B charge sheet and all further proceedings.
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. The
petitioner shall also be entitled to submit before the learned
Crl. M.C. No. 1289 of 2010
2
Magistrate that co-accused in the case have been acquitted
after trial.
This Crl.M.C is disposed of reserving the above right of
the petitioner.
Dated this the 22nd day of June, 2010.
V. RAMKUMAR, JUDGE
dmb