IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1119 of 2010()
1. BIJU, S/O.KARUNAKARAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C. No. 1119 of 2010
.......................................
Dated: Ist day of June, 2010
ORDER
Petitioner who is the 3rd accused in Crime No. 307 of 2009 of
Chathannoor Police Station, Kollam District for offences punishable
under Sections 20 and 21 of the Kerala Protection of River Banks &
Regulation of Removal of Sand Act, 2001, seeks to quash Annexure
A2 final Report and all further proceedings thereon in C.C. No. 681
of 2009 on the file of the J.F.C.M., Paravur .
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 their counsel, that court
shall not insist on the personal appearance of the petitioner for the
disposal of the discharge petition.
This Crl.M.C is disposed of reserving the above right of the
petitioner.
Dated this the Ist day of June, 2010.
V. RAMKUMAR, JUDGE