Jimmy Zacharia vs The Forest Range Officer on 25 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 539 of 2010()


1. JIMMY ZACHARIA, VELLOOKUNNEL HOUSE,
                      ...  Petitioner
2. V.X.ALBIN, VALIATHARA,
3. RAJENDRAN, S/O.RAJU, 47/II,

                        Vs



1. THE FOREST RANGE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/05/2010

 O R D E R
                         V. RAMKUMAR, J.
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                    Crl.M.C..No.539 of 2010
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                  Dated: 25th day of May 2010

                               ORDER

Petitioners are the accused in O.R.No.46/2006 of the

Judicial First Class Magistrate Court, Nedumkandam for

offences punishable under Sections 27 (1) (e) (i) of the Kerala

Forest Act 1961, seek to quash Annexure A1 and all further

proceedings in O.R.No.46/2006 on the file of the Judicial First

Class Magistrate Court, Nedumkanda.

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.

Crl. M.C. No.539 of 2010
2

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

the petitioners.

Dated this the 25th day of May, 2010.

V. RAMKUMAR, JUDGE

dmb