Fathimuthu vs Yacoob on 18 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3457 of 2010()


1. FATHIMUTHU
                      ...  Petitioner
2. SAFAR, S/O.SATHAR
3. SAIFA, D/O.FATHIMUTHU

                        Vs



1. YACOOB, S/O.SHAMSUDEEN
                       ...       Respondent

2. STATE OF KERALA

                For Petitioner  :SRI.M.RAJAGOPALAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/08/2010

 O R D E R
                               V. RAMKUMAR, J.
                           = = = = = = = = = = = = =
                            Crl.M.C.No.3457 of 2010
                           = = = = = = = = = = = = = =
                                 Dated: 18.08.2010

                                      ORDER

Petitioners, who are accused Nos.1 to 3 in Crime No.196/2008 of

Pothencodu Police Station for offences punishable under Sections

452,324,326 and 427 read with 34 IPC seek to quash Annexure 1

complaint and further proceedings in C.C.No.293/2010 on the file of the

J.F.C.M -I, Attingal.

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 18th day of August, 2010.

V. RAMKUMAR, JUDGE

sj