IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.MC.No. 3206 of 2009() ------------------------- SC.628/2009 of ASSISTANT SESSIONS COURT, KOTTARAKKARA .................... PETITIONER(S): ACCUSED: ----------------------- NAJEEM, AGED 35 YEARS, S/O.MUHAMMED ISMAIL, PARAMBIL PUTHANVEEDU, PUTHAYAM ALAYAMON P.O., NOW RESIDING AT BISMILLAH MANZIL, CHANDANATHOPPU P.O., KOLLAM DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANTS: ---------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, ANCHAL. 3. SHINI, D/O.SHAHINA, THOTTAMKARA PUTHAN VEETTIL, POOCHATHIYODU, MUNDOTTU MURIYIL, ALAYAMON VILLAGE. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3206 OF 2009 ------------------------------------------ Dated 6th October 2009 O R D E R Petitioner is the accused in S.C.628/2009 on the file of Assistant Sessions court, Kottarakkara. Offence alleged against the petitioner is under Section 376 of Indian Penal Code. Learned counsel appearing for the petitioner submitted that offence under Section 376 is not attracted and the victim was aged above 18 years and sexual intercourse was with the consent of first respondent. Learned counsel submitted that because of the pendency of the case , petitioner cannot go abroad and in such circumstances, direction be issued to the Assistant Sessions Judge to dispose the application for discharge, if filed by the petitioner without delay. 2. Petitioner is entitled to seek an order of discharge from the learned Assistant Sessions Judge. When the learned Assistant Sessions Judge hear the case for the purpose of deciding whether charge is to be framed, petitioner is at liberty to file an CRMC 3206/09 2 application for discharge. If such a petition is filed learned Assistant Sessions Judge to pass appropriate order, in accordance with law without delay. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.