IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 197 of 2010()
1. HARIKUMAR M, S/O.A.P.MANI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. SHANTHI
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No. 197 of 2010
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Dated: 29th July, 2010
ORDER
Petitioner who is the accused in C.C. No. 427 of 2008 on the
file of the J.F.C.M., Kattakkada, for an offence punishable under
Section 498 A I.P.C. seeks to quash Annexure A3 final report and
all other further proceedings thereon.
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
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
Crl. M.C. No. 197 of 2010
2
not insist on the personal appearance of the petitioner for the
disposal of the discharge petition. In case the court below has
already framed the charge, since a question of identity does not
arise for consideration between the marital partners, the petitioner
will be entitled for personal exemption during trial by filing a
petition incorporating necessary averments. In case such a
petition is filed, the court below shall allow the same. It shall not
insist on the personal appearance of the petitioner unless it is
inevitable to do so in any subsequent proceedings.
Reserving the above right of the petitioner, this Crl.M.C is
disposed of .
Dated this the 29th day of July 2010.
V. RAMKUMAR, JUDGE
ani/