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