High Court Kerala High Court

Chandrasekharan Thampi vs State Of Kerala on 9 July, 2010

Kerala High Court
Chandrasekharan Thampi vs State Of Kerala on 9 July, 2010
       

  

  

 
 
  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