IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 715 of 2008() ------------------------ SC.1406/2004 of II ADDL. ASSISTANT SESSIONS COURT, TRIVANDRUM CRIME NO. 106/1992 of POONTHURA POLICE STATION .................... PETITIONER: 18TH ACCUSED -------------------------------- ABDUL KALAM ,S/O.BADARUDDIN, AGED 32 YEARS, T.C.NO.47/170,ALUKKAD, PANAMMOODU HOUSE,POONTHURA P.O.,THIRUVANANTHAPURAM BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA (CRIME NO.106 OF 1992 OF POONTHURA POLICE STATION BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 715 of 2008 ========================== Dated this the 22nd day of February, 2008. O R D E R The petitioner, who is the 18th accused in Crime No. 106 of 1992 of Poonthura Police Station for offences punishable under Sections 143, 147, 148, 435, 395, 450, 153 A r/w Section 149 IPC, seeks to quash the proceedings now pending as S.C. No. 1406/2004 on the file of the II Additional Assistant Sessions Court, Thiruvananthapuram. 2. Admittedly, the court has not framed the charge yet. The petitioner's contention that the co-accused in the case have been acquitted after trial and therefore the case against the petitioner should be quashed under Section 482 Cr.P.C and further that there is no specific allegation as well against the petitioner, cannot be entertained in the light of the decision of the Full Bench of this Court in Moosa v. Sub Inspector of Police (2006(1) KLT 552) . The only course open to the petitioner is to plead for a discharge before the Sessions Court. Accordingly, this Crl.M.C is disposed of permitting the petitioner CRL.M.C.NO. 715/2008 : 2: to plead for a discharge by filing an appropriate petition before the Sessions Court within three weeks from today. If and when such petition is filed, the same shall be considered and disposed of after considering the contentions raised. The petitioner will be at liberty to plead for a discharge in absentia and the learned Magistrate shall dispose of his application for discharge without insisting on his personal appearance of the petitioner. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C.NO. 715/2008 : 3: