IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 1544 of 2010() ------------------------------------ SC.89/2010 of ADDL.SESSIONS COURT (SPL.CAURT), KOTTAYAM .................... PETITIONER(S): ACCUSED NO.8 --------------------------------------------- K.C.PETER, S/O.K.P.CHACKO, MUPRAPALLIL VEEDU, XLII/1840 A (H NO), ST.BENEDICT ROAD, ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. (CRIME NO.192/CR/96 OF CB CID, ERNAKULAM). PUBLIC PROSECUTOR SRI.C.M.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1544 of 2010 -------------------------- ORDER Petitioner, the accused in S.C.No.89/2010 on the file of Special Court, Kottayam, filed this petition under Section 482 of Code of Criminal Procedure to quash the entire proceedings raising various contentions. 2. On hearing the learned counsel, I do not find it necessary to quash the proceedings as sought for. Petitioner is at liberty to raise all the contentions before the learned Special Judge and seek an order of discharge under Section 227 of Code of Criminal Procedure, raising all the contentions raised herein. Learned counsel then submitted that in that event presence of the petitioner may not be insisted for hearing the question of discharge. If petitioner files an application under Section 205 of Code of Criminal Procedure to dispense with his presence for the CRMC 1544/10 2 purpose of hearing the petition for discharge under Section 227 of Code of Criminal Procedure, learned Special Judge not to insist for his presence. Petition is disposed. 28th September, 2010 (M.Sasidharan Nambiar, Judge) tkv