High Court Kerala High Court

Johny Joy vs Dy.S.P on 21 May, 2010

Kerala High Court
Johny Joy vs Dy.S.P on 21 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1552 of 2010()


1. JOHNY JOY,S/O.JOY JOSEPH,KALLARA KANYIL
                      ...  Petitioner
2. SAJU PHILIPOSE,S/O.PHILIPOSE,SAJU BHAVAN

                        Vs



1. DY.S.P,C.B.C.I.D,KOTTAYAM.
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY THE

                For Petitioner  :SRI.V.SETHUNATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/05/2010

 O R D E R
                         V. RAMKUMAR, J.
                  = = = = = = = = = = = = =
                   Crl.M.C..No.1552 of 2010
                 = = = = = = = = = = = = = =
                 Dated: 21st day of May, 2010

                               ORDER

Petitioners, who are the accused in S.C.No.105/2010 on

the file of Additional Sessions Judge (Adhoc) Fast Track Court-

II, Pathanamthitta, for offences punishable under Sections 55

(a), 55(g), 55(h), 55(i), 57 and 58 of the Kerala Abkari Act and

Sections 120B, 272, 201 read with 34 of the I.P.C, seek to

quash all further proceedings in S.C.No.105/2010 on the file of

Additional Sessions Judge (Adhoc) Fast Track Court-II,

Pathanamthitta.

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

Crl. M.C. No. 1552 of 2010
2

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 21st day of May, 2010.

V. RAMKUMAR, JUDGE

dmb