Disposed

Jaseer L.K. v. the State of Kerala

Kerala HC25 May 2010Crl.MC/223/2010

Case brief

AI extract

What is this about?

This Court held that it was too early under Section 482 Cr.P.C to quash proceedings due to voluminous records without scanning them. It directed that the appropriate remedy is to seek discharge before the court below and permitted pleading for discharge in absentia.

What did the court decide?

Leave granted to petitioners to plead for discharge in absentia before the court below without insisting on personal appearance.

Jaseer L.K. Vs the State of Kerala — Quashing and FIR | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 223 of 2010() -----------------------CC.992/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG ....................

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PETITIONER(S): ACCUSED NOS.1-3:

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-------------------------------

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1. L.K.JASEER, AGED 20 YEARS, S/O.M.C.MOHAMMED KUNHI, THEKKEPURAM, P.O.PADANNA, KASARAGODE DISTRICT.

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2. M.M.EJAZ, AGED 26 YEARS, S/O.T.K.ABDULLA, VADAKKEPURAM, P.O.PADANNA, KASARAGODE DISTRICT.

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3. JABIR.P., AGED 28 YEARS, S/O.LATE P.V.SULAIMAN HAJEE, THEKKEPURAM, P.O.PADANNA, KASARAGODE DISTRICT.

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BY ADV. MR.JAWAHAR JOSE SMT.CISSY MATHEWS

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RESPONDENT(S):

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---------------

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THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR MR.C.S.HRITHIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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= = = = = = = = = = = = =

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Crl.M.C..No. 223 of 2010 = = = = = = = = = = = = = = Dated: 25^th day of May, 2010

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ORDER

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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.

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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.

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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.

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Crl. M.C. No.223 of 2010

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

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the petitioners.

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Dated this the 25^th day of May, 2010.

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V. RAMKUMAR, JUDGE

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dmb

Jaseer L.K. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Jaseer L.K. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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