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. 412 of 2008() ------------------------ CC.1261/2006 SPLIT UP FROM C.C.NO. 73/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA CRIME NO. 100/2000 of NEMOM POLICE STATION .................... PETITIONER/3RD ACCUSED --------------------------------- R.K.SAI,S/O K.R.KRISHNAN, SAI BHAVAN, T.C.NO.17/2131, SAIRAM ROAD, NEAR PAREEKSHA BHAVAN, POOJAPPURA, THIRUMALA MURIYIL, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, NEMOM, THIRUVANANTHAPURAM DISTRICT. 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. 412 of 2008 ========================== Dated this the 6th day of February, 2008. O R D E R The petitioner, who is the 3rd accused in Crime No. 100/2000 of Nemom Police Station for offences punishable under Sections 420 and 120 (B) IPC r/w Section 34 IPC and whose case was split up from C.C No. 73/2004 on the file of the Judicial First Class Magistrate, Neyyattinkara and re-filed as C.C. No. 1261/2006, seeks to quash the proceedings before the Magistrate. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those warrants came to be issued against the petitioner are not discernible to this Court. Hence, the only course open to the petitioner is to seek a discharge on the ground that the co-accused in the case were acquitted and the matter has been settled between the parties. I am prepared to permit the petitioner to plead for a discharge for absentia. Accordingly, if the petitioner files an application for discharge within two weeks from today, the same shall be considered and disposed of by the Magistrate without insisting on the personal appearance of the petitioner. V. RAMKUMAR, JUDGE. rv