IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3163 of 2010()
1. SAJI KUMAR, S/O.RATNAKARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. PRADEEPCHAND, GALAXY WORLD,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.3163 of 2010
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Dated: 13th day of August, 2010
ORDER
Petitioner, who is the accused in C.C.No.1324/2008 on the
file of the J.F.C.M Court-I, Kollam for an offence punishable
under Section 420 IPC, seeks to quash all 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
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
counsel, that court shall not insist on the personal appearance
of the petitioner for the disposal of the discharge petition.
Crl. M.C. No. 3163 of 2010
2
This Crl.M.C is disposed of reserving the above right of
the petitioner.
Dated this the 13th day of August, 2010.
V. RAMKUMAR, JUDGE
dmb