IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1552 of 2010()
1. JOHNY JOY,S/O.JOY JOSEPH,KALLARA KANYIL
... Petitioner
2. SAJU PHILIPOSE,S/O.PHILIPOSE,SAJU BHAVAN
Vs
1. DY.S.P,C.B.C.I.D,KOTTAYAM.
... Respondent
2. STATE OF KERALA,REPRESENTED BY THE
For Petitioner :SRI.V.SETHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/05/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.1552 of 2010
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Dated: 21st day of May, 2010
ORDER
Petitioners, who are the accused in S.C.No.105/2010 on
the file of Additional Sessions Judge (Adhoc) Fast Track Court-
II, Pathanamthitta, for offences punishable under Sections 55
(a), 55(g), 55(h), 55(i), 57 and 58 of the Kerala Abkari Act and
Sections 120B, 272, 201 read with 34 of the I.P.C, seek to
quash all further proceedings in S.C.No.105/2010 on the file of
Additional Sessions Judge (Adhoc) Fast Track Court-II,
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 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
Crl. M.C. No. 1552 of 2010
2
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 21st day of May, 2010.
V. RAMKUMAR, JUDGE
dmb