Muhammed Mustafa @ Nizar vs State Represented By The on 29 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2303 of 2010()


1. MUHAMMED MUSTAFA @ NIZAR,
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY THE
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.TOM JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/06/2010

 O R D E R
                      V.RAMKUMAR, J.
                -------------------------------------
                Crl.M.C.No.2303 of 2010
               --------------------------------------
           Dated this the 29th day of June, 2010

                             ORDER

Petitioner, who is the accused No.8 in Crime

No.830/2008 of Kottarakkara Police Station for offences

punishable under Sections 411, 379 & 120B read with

Section 34 of I.P.C., seeks to quash Annexure C charge

sheet and further proceedings in C.C.No.1256/2009 on the

file of the Judicial Magistrate of the First Class Court-I,

Kottarakkara.

2. It is too early for this Court exercising

jurisdiction under Section 482 Cr.P.C to meticulously scan

the voluminous prosecution records and to 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

Crl.M.C.No.2303/2010
: 2 :

an application for discharge before the court below

through his 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 29th day of June, 2010.

V.RAMKUMAR, JUDGE

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