IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 734 of 2010() ------------------------ CP.7/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): PETITIONER ------------------------- K.V.MUJEEB REHMAN, AGED 28 YEARS, S/O.SHAHUL HAMEED, THUDICHALIL HOUSE, KOLACHEERY AMSOM, CHLARY, KANNUR DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKUALAM Addl.R2. ABDUL KHADER, S/O.KUNJI MUHAMMED THALICHAL HOUSE, KAIRALAM P.O NANIYUR, KANNUR Additional R2 impleaded as per order dated 25.5.2010 in Crl.M.A No.2929/10 PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.734 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER Petitioner, who is the accused in Crime No.716/2007 of Valapattanam Police Station, for offences punishable under Sections 306 and 498A IPC and whose case after committal on 17.3.2010 by the J.F.C.M Court-II, Kannur in C.P.No.7/2010, is pending before the Sessions Court, Thalassery, seeks to quash Annexure A1 final report and all further proceedings. 2. It is too early for this court to meticulously scan the prosecution records and come to a conclusion that the prosecution of the petitioner is misconceived. Now that the case has been committed to the court of Sessions, the proper course of action of the petitioner would be plead for a discharge during the preliminary hearing under Section 227 Cr.P.C. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files a petition for discharge during the Crl.M.C. No.734 of 2010 : 2 : preliminary hearing under Section 227 Cr.P.C, the learned Sessions Judge, before whom the case comes up for hearing shall not insist on the personal appearance of the petitioner for disposal of the discharge petition. Reserving the above right of the petitioner, this Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb