IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Crl.MC.No. 4007 of 2010 (C) ------------------------- ( SC.263/2010 of ASSISTANT SESSIONS COURT, QUILANDY CP.31/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI) .................... PETITIONER/1st 1ST ACCUSED -------------------------------------------- P.T.KASIM, AGED 45 YEARS, S/O.MOIDU, THERUVATH HOUSE, KUTTIADY, KOZHIKODE. BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. KUNHABDULLA, AGED 55 YEARS, KUTTIADIKKARAYIL HOUSE, IRINGAL P.O., MOORAD, KOYILANDY, KOZHIKODE DISTRICT-673 521. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-32. BY PUBLIC PROSECUTOR SMT.REKHA C. NAIR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4007 of 2010 -------------------------- ORDER Petitioner, the first accused in S.C.No. 263/2010 on the file of Assistant Sessions Court, Koyilandy, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that continuation of the proceedings is only an abuse of process of the court. 2. Learned counsel appearing for the petitioner was heard. 3. Though learned counsel appearing for the petitioner persuaded me to appreciate the evidence and find that the case of the first accused cannot be accepted in view of his sworn statement recorded, it is not for this Court to appreciate the evidence at this stage and quash the proceedings as sought for, when petitioner is at liberty to raise all the contentions before the learned Sessions Judge and seek an order of CRMC 4007/10 2 discharge under Section 227 of Code of Criminal Procedure. Learned counsel then submitted that presence of the petitioner may be dispensed with for the purpose of claiming an order of discharge under Section 227 of Constitution of India. Petition is disposed granting liberty to the petitioner to raise all the contentions raised herein and seek an order of discharge under Section 227 of Code of Criminal Procedure. If petitioner files an application to dispense with his presence, learned Sessions Judge not to insist for his presence for that limited purpose. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv