IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Crl.MC.No. 384 of 2008() ------------------------ C.P. NO. 9 OF 2006 ON THE FILE OF THE J.F.C.M., PALA PETITIONER: ACCUSED ------------------- BIJU, S/O SREEDHARAN, CHEERAMPARAMBIL VEEDU, KARIKOD KARA, THODUPUZHA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 384 of 2008 * * * * * * * * * * * * * * * * * * Dated: 27-02-2008 ORDER Petitioner who is the accused in Crime No. 124 of 2006 of Pala Police Station registered for offences punishable under Sections 279 and 308 I.P.C and subsequently charge-sheeted also for offences punishable under Sections 337 and 338 I.P.C. seeks to quash Annexure D order of committal and Annexure C charge sheet so far as it relates to Sec. 308 I.P.C. 2. Since the case has already been committed and the Sessions Court is in seizin of the case, the proper course open to the petitioner would be to plead for a discharge so far as it relates to Sec. 308 I.P.C. when the case comes up for preliminary hearing before the Sessions Court under Sec. 227 Cr.P.C. Accordingly, this Crl. M.C is disposed of giving the petitioner an opportunity to plead for a discharge in absentia. In case the petitioner files an application for discharge within three weeks from today, the same shall be considered and disposed of without insisting on the personal appearance of the petitioner. Warrants, if any, pending against the petitioner shall not be executed until the disposal of the discharge petition. V. RAMKUMAR, (JUDGE) ani.