IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Crl.MC.No. 3718 of 2007() ------------------------- CC.251/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE CRIME NO. 561/2000 of VATAKARA POLICE STATION .................... PETITIONER: ACCUSED -------------------------- ASHRAF, S/O ABDULLA, 31 YEARS, MEETHALEKANDY HOUSE, THIRUVALLOOR AMSOM DESOM, VATAKARA. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL SMT.M.V.SAVEENA RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.3718 of 2007 ========================== Dated this the 6th day of February, 2008. O R D E R The petitioner Asraf is the 3rd accused in Crime No. 561/2000 of Vatakara Police Station. Altogether there are four accused in that case which was registered for an offence punishable under Section 436 r/w Section 34 IPC. It was taken on file as C.P.No. 57/2001 by the Judicial First Class Magistrate, Vatakara. Since A1 to A3 were absconding, the case against A4 (Yousaf) alone was committed to the Court of Session. The case against A1 to A3 was re-filed as C.P. No. 80/2001 and later transferred to the register of long pending cases as L.P. No. 26/2002. On 18.11.2005 the petitioner herein surrendered before the Magistrate and the case against him was re-filed as C.P. No. 95/2005 and committed to the Court of Session. After the committal the case, it was numbered as S.C. No. 207/2006 and was made over for trial to the Additional Sessions Court, Vatakara. That court found that the offence under Section 436 IPC was not attracted and accordingly transferred the case to the Chief Judicial Magistrate, Kozhikode under Section 228(1) Cr.P.C with a direction for framing charge for offences punishable under CRL. M.C. NO. 3718/2007 : 2: Sections 457 and 435 r/w Section 34 IPC. Thereafter, the case was taken on file as C.C No. 251/2007 before the Chief Judicial Magistrate, Kozhikode. 2. The grievance of the petitioner is that even though the matter has been settled between the parties, non-bailable warrants of arrest are pending against him and he does not know the court before which the case is presently pending. Going by the report of the Judicial First Class Magistrate, Vatakara, the said case is pending as C.C No. 251/2007 on the file of the Chief Judicial Magistrate, Kozhikode. The petitioner can either surrender before that court and seek bail or can plead for a discharge by raising all the contentions available to him. In case the petitioner files an application for discharge in absentia though his counsel within two weeks from today, the learned Chief Judicial Magistrate shall consider and dispose of the said petition without insisting on the personal appearance of the petitioner. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 3718/2007 : 3: