High Court Kerala High Court

L.K.Jaseer vs The State Of Kerala on 25 May, 2010

Kerala High Court
L.K.Jaseer vs The State Of Kerala on 25 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 223 of 2010()


1. L.K.JASEER, AGED 20 YEARS,
                      ...  Petitioner
2. M.M.EJAZ, AGED 26 YEARS,
3. JABIR.P., AGED 28 YEARS,

                        Vs



1. THE STATE OF KERALA, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.JAWAHAR JOSE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/05/2010

 O R D E R
                         V. RAMKUMAR, J.
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                   Crl.M.C..No. 223 of 2010
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                 Dated: 25th day of May, 2010

                               ORDER

Petitioners, who are accused Nos. 1 to 3 in Crime

No.218/2009 of Chanthera Police Station, Kazargode for

offences punishable under Sections 153, 505 (b) and 507 IPC,

seek to quash all further proceedings pending against the

petitioners in C.C.No.992/2009 on the file of the Judicial First

Class Magistrate Court-I, Hosdurg.

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.

Crl. M.C. No.223 of 2010
2

This Crl.M.C is disposed of reserving the above right of

the petitioners.

Dated this the 25th day of May, 2010.

V. RAMKUMAR, JUDGE

dmb