High Court Kerala High Court

Colours Of The World Advertising vs Malayalam Communications Ltd on 18 June, 2010

Kerala High Court
Colours Of The World Advertising vs Malayalam Communications Ltd on 18 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1526 of 2010()


1. COLOURS OF THE WORLD ADVERTISING,
                      ...  Petitioner
2. SREEKUMAR, AGED ABOUT 34,

                        Vs



1. MALAYALAM COMMUNICATIONS LTD.,
                       ...       Respondent

2. STATE,

                For Petitioner  :SRI.C.P.UDAYABHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/06/2010

 O R D E R
                      V. RAMKUMAR, J.
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                Crl.M.C..No. 1526 of 2010
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               Dated:18th day of June, 2010

                           ORDER

Petitioners, who are accused Nos.1 and 2 in

C.C.No.470/2009 on the file of A.C.J.M Court,

Thiruvananthapuram for offences punishable under Section

420 IPC, seek to quash Annexure I complaint and all further

further proceedings.

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 counsel, that court shall not insist on the personal

Crl.M.C..No. 1526 of 2010
2

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 18th day of June, 2010.

V. RAMKUMAR, JUDGE

dmb