IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2044 of 2010()
1. SRI.E.P.GEORGE, AGED 44 YEARS,
... Petitioner
2. SRI.K.C.RAJU, AGED 45 YEARS, SON OF
3. SRI.SANTHOSH THOMAS KANADAN,
4. SRI.JOSE CHACKO PERIYAPPURAM,
5. SRI.TOGI MATHEW, AGED 46 YEARS,
6. KALLIYATH CYRIL TAJAN @ SRI.TAJAN CYRIL,
7. K.P.MOHANKUMAR, COMPANY SECRETARY,
Vs
1. STATE OF KERALA,
... Respondent
2. SRI.JAMES KULANTHUNKAL,
For Petitioner :SRI.ANIL D. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.2044 of 2010
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Dated:11.06.2010
ORDER
Petitioners, who are the accused in C.C No.430 of 2009 on the file
of the Addl.Chief Judicial Magistrate (Economic Offences), Ernakulam
for offences punishable under Sections 260 and 628 of the Companies
Act, 1956 seek to quash Annexure A1 and 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 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 11th day of June, 2010.
V. RAMKUMAR, JUDGE
sj