IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1604 of 2008() ------------------------- LP.76/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER: ACCUSED ------------------- A.P.MUHAMMED, S/O.LATE ABOOBACKER, MATHIRAMBIL HOUSE, PUTHUR AMSOM AND DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. V.ASSAIN, S/O.ALI HAJI, VALIYAMBURATH HOUSE, SOUTH KODUVALLY, KODUVALLY AMSOM AND DESOM, KOZHIKODE DISTRICT. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1604 of 2008 * * * * * * * * * * * * * * * * * * Dated: 11-04-2008 ORDER petitioner who is the accused in L.P. 76 of 1999 on the file of the J.F.C.M., Thamarassery for offences punishable under Sections 420 and 468 read with Sec. 34 I.P.C. seeks to quash the proceedings against him before the Magistrate. According to the petitioner he is employed abroad and the co-accused in the case have been acquitted by the very same court in C.C. 61 of 2003. In the light of the decision of the Full Bench in Moosa v. Sub Inspector of Police - 2006 (1) KLT 552 this is not a fit case for quashing the proceedings. However, the petitioner can plead for a discharge before the Magistrate taking advantage of the acquittal of the accused. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for discharge the same shall be considered and disposed of by the learned Magistrate taking into account the acquittal of the co-accused and also without insisting on the personal appearance of the petitioner. This Crl.M.C. is disposed of as above. Sd/-V. RAMKUMAR, (JUDGE) ani. /true copy/