K.A.Abdul Salam vs State Of Kerala Represented By The on 24 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 989 of 2010()


1. K.A.ABDUL SALAM,
                      ...  Petitioner

                        Vs



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

2. HANEEFA S/O KOCHUMUHAMMAD,

                For Petitioner  :SRI.SIRAJ KAROLY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/05/2010

 O R D E R
                                    V. RAMKUMAR, J.
                              ......................................
                            Crl.M.C.No. 989 of 2010
                               .....................................
                                  Dated: 24-05-2010

                                           ORDER

Petitioner who is the first accused in C.C. No. 26 of 2009 on

the file of the J.F.C.M., Kothamangalam for offences punishable

under Sections 323, 324 and 341 of I.P.C. seeks to quash Annexure

5 and all further proceedings in the above C.C.

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.

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

petitioners.

Dated this the 24th day of May, 2010.

V. RAMKUMAR, JUDGE

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