IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 223 of 2010()
1. L.K.JASEER, AGED 20 YEARS,
... Petitioner
2. M.M.EJAZ, AGED 26 YEARS,
3. JABIR.P., AGED 28 YEARS,
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.JAWAHAR JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/05/2010
O R D E R
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.M.C..No. 223 of 2010
= = = = = = = = = = = = = =
Dated: 25th day of May, 2010
ORDER
Petitioners, who are accused Nos. 1 to 3 in Crime
No.218/2009 of Chanthera Police Station, Kazargode for
offences punishable under Sections 153, 505 (b) and 507 IPC,
seek to quash all further proceedings pending against the
petitioners in C.C.No.992/2009 on the file of the Judicial First
Class Magistrate Court-I, Hosdurg.
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.223 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