IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1968 of 2010()
1. ANSAMMA CHACKO,W/O.CHACKO OUSEPH,AGED 42
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. RADHAMMA,W/O.VIJAYAKUMARAN NAIR,AGED
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.1968 of 2010
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Dated:07.06.2010
ORDER
Petitioner, who is the 2nd accused in Crime No.407/2005 of
Malayinkizhu Police Station for offences punishable under Sections 420
read with 34 IPC seeks to quash Annexure A1 and further proceedings in
C.C.No.29/2007 on the file of the J.F.C.M, Kattakada.
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.
This Crl.M.C is disposed of reserving the above right of the
petitioner.
Dated this the 7th day of June, 2010.
V. RAMKUMAR, JUDGE
sj