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Kerala High Court
Jayaprasad vs State Of Kerala Represented By Its on 15 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2061 of 2010()


1. JAYAPRASAD,S/O.KARUNAKARAN,
                      ...  Petitioner

                        Vs



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

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.D.KISHORE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :15/06/2010

 O R D E R
                      V. RAMKUMAR, J.
                     = = = = = = = = =
                 Crl.M.C. No.2061 of 2010
                   = = = = = = = = = = =
               Dated: 15th day of June, 2010

                             ORDER

Petitioner, who is the 2nd accused in Crime No.245/97 of

Adoor Police Station for offences punishable under

Sections 447, 427 and 506(1) read with 34 IPC, seek to

quash Annexure IV and all further proceedings in

C.C.No.50/2000 (L.P.No.123/03) on the file of the J.F.C.M

Court, Adoor.

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

Crl.M.C. No.2061 of 2010
2

counsel, that court shall not insist on the personal

appearance of the petitioner for the disposal of the

discharge petition. The petitioner may also raise the

contention that the co-accused in the case have been

acquitted after trial.

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

the petitioner.

Dated this the 15th day of June, 2010

V. RAMKUMAR,
(JUDGE)
dmb


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