IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2447 of 2010()
1. CHANDRASEKHARAN THAMPI,S/O.KARUNAKARAN
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.2447 of 2010
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Dated: 9th day of July, 2010
ORDER
Petitioner, who is the 1st accused in Crime No.357/2006 of
Alappuzha South Police Station for an offence punishable
under Section 420 read with 34 IPC, seeks to quash the
proceedings in C.C.No.152/2010 on the file of the J.F.C.M
Court-I, Alappuzha.
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
Crl. M.C. No.2447 of 2010
2
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 9th day of July, 2010.
V. RAMKUMAR, JUDGE
dmb