IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2336 of 2010()
1. PRADEEP,S/O.VENUGOPAL @ ANIYAN NAIR,
... Petitioner
Vs
1. SURESH,S/O.APPU,PULIKKAL HOUSE,
... Respondent
2. THE STATE OF KERALA,REPRESENTED BY
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent :SRI.K.T.SHYAMKUMAR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No. 2336 of 2010
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Dated: 16th day of July, 2010
ORDER
Petitioner, who is the 1st accused in Crime No.558/2007 of
Pavaratty Police Station for offences punishable under Section
341, 323 and 326 read with 34 IPC, seeks to quash the
proceedings in C.C.No.366/2010, which is split up and refiled
from C.C.No.237/2008 on the file of the J.F.C.M Court,
Chavakkad.
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.2336 of 2010
2
counsel, that court shall not insist on the personal
appearance of the petitioner for the disposal of the
discharge petition. The petitioner may also highlight before
the Magistrate that co-accused in the case have already
been acquitted after trial in C.C.No.237/2008.
This Crl.M.C is disposed of reserving the above right of
the petitioner.
Dated this the 16th day of July, 2010.
V. RAMKUMAR, JUDGE
dmb