High Court Kerala High Court

Biju vs State Of Kerala on 1 June, 2010

Kerala High Court
Biju vs State Of Kerala on 1 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1119 of 2010()


1. BIJU, S/O.KARUNAKARAN PILLAI,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/06/2010

 O R D E R
                            V. RAMKUMAR, J.
                       ......................................
                      Crl.M.C. No. 1119 of 2010
                       .......................................
                     Dated: Ist day of June, 2010

                                    ORDER

Petitioner who is the 3rd accused in Crime No. 307 of 2009 of

Chathannoor Police Station, Kollam District for offences punishable

under Sections 20 and 21 of the Kerala Protection of River Banks &

Regulation of Removal of Sand Act, 2001, seeks to quash Annexure

A2 final Report and all further proceedings thereon in C.C. No. 681

of 2009 on the file of the J.F.C.M., Paravur .

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 file an application for

discharge before the court below through their 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 Ist day of June, 2010.

V. RAMKUMAR, JUDGE