M.G Mathew @ Geevarghese Babu vs State Of Kerala on 20 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3570 of 2010()



1. M.G MATHEW @ GEEVARGHESE BABU
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.SYAM J SAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/08/2010

 O R D E R
                            V. RAMKUMAR, J.
                         = = = = = = = = = = = = =
                         Crl.M.C..No. 3570 of 2010
                        = = = = = = = = = = = = = =
                          Dated: 20th August, 2010

                                     ORDER

Petitioner who is the accused in Crime No. 366 of 2004 of

Medical College Police Station, Thiruvnanathapuram and now pending

before the ACJM, Thiruvananthapuram as C.C. No. 527 of 2009 seeks

to quash the proceedings before the ACJM 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 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 counsel, that court shall not insist on the

personal appearance of the petitioner for the disposal of the discharge

petition.

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

petitioner.

Dated this the 20th day of August, 2010.

V. RAMKUMAR, JUDGE

ani/