IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3533 of 2010()
1. SOWMYA KURIES AND LOANS PRIVATE
... Petitioner
2. DAVI.V.THATTIL,
3. K.P.FRANCIS, CHAIRMAN,
4. VINCENT DAVIES,
5. E.D.JOSE, DIRECTOR,
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.P.SUJESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.3533 of 2010
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Dated: 20.08.2010
ORDER
Petitioners, who are accused Nos.1 to 5 in Crime No.17/2010 of
Thrissur East Police Station for offences punishable under Sections
403,406,409,415,417 and 420 IPC, seek to quash Annexure A3 final
report and further proceedings in C.C.No.61/2010 on the file of the
Chief Judicial Magistrate, Thrissur.
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 20th day of August, 2010.
V. RAMKUMAR, JUDGE
sj