K.C.Karthick vs S.Srilatha on 30 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2383 of 2010()


1. K.C.KARTHICK, S/O.KARUNAKARAN,
                      ...  Petitioner
2. PADMINI, W/O.KARUNAKARAN, NO.3A, LAKSHMI

                        Vs



1. S.SRILATHA, D/O.K.P.SIVARAM,
                       ...       Respondent

2. ASI OF POLICE (G), CHEVAYUR POLICE

                For Petitioner  :SRI.ARUN.B.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/06/2010

 O R D E R
                               V. RAMKUMAR, J.
                           = = = = = = = = = = = = =
                            Crl.M.C..No.2383 of 2010
                           = = = = = = = = = = = = = =
                                Dated:30.06.2010

                                      ORDER

Petitioners, who are accused in Crime No.143/2009 of Chevayoor

Police Station for offences punishable under Sections 406 and 498A IPC,

seek to quash Annexure A Charge Sheet and further proceedings in

C.C.No.487 of 2009 on the file of the J.F.C.M-I, Kozhikode.

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.

This Crl.M.C is disposed of reserving the above right of the

petitioners.

Dated this the 30th day of June, 2010.

V. RAMKUMAR, JUDGE

sj