IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1232 of 2010()
1. M.NARAYANAN @ UNNI,
... Petitioner
Vs
1. THE UNION OF INDIA, REP. BY THE
... Respondent
For Petitioner :SRI.P.RAVINDRAN (SR.)
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.1232 of 2010
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Dated this the 11th day of June, 2010
ORDER
Petitioner, who is accused No.4 in C.C.No.15 of 2009
on the file of Special Judge for CBI Cases I, Ernakulam for
offences punishable under Sections 120B read with
Section 420 & 468 & 471 I.P.C. and 13(2) read with
Section 13(1)(d) of Prevention of Corruption Act, 1988,
seeks to quash Annexure A1 Charge Sheet/Final Report
No.01/PIA/25/A/08/KER dated 30/11/2009 and all further
proceedings in C.C.No.15 of 2009 on the file of Special
Judge for SPE/CBI-I, Ernakulam.
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.
Crl.M.C.No.1232/2010
: 2 :
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 11th day of June, 2010.
V.RAMKUMAR, JUDGE
skj