IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1478 of 2008() ------------------------- PETITIONER: 3RD ACCUSED ----------------------- M.G.ASHOKAN PILLA, AGED 43 YEARS, S/O.LATE GOPALA PILLA, MALIAKEL HOUSE, ANGADI, RANNY, NELLICKAMON P.O. PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: STATE AND DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JANARDHANAN PILLA, MALIEKKAL HOUSE, VARAMBACKAPATHAL, KARIKULAM MURI, PAZHAVANGADI VILLAGE, RANNY, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.m.C. No. 1478 of 2008 * * * * * * * * * * * * * * * * * * Dated: 08-04-2008 ORDER Petitioner who is the 3rd accused in Crime No. 216 of 2002 of Konni Police Station now pending before the J.F.C.M. , Ranni as C.P.No. 43 of 2004 seeks to quash all the proceedings in the C.P. case. According to the petitioner accused Nos. 1 and 2 were acquitted after trial as per judgment dated 4-5-2006 in S.C. 640 of 2004 on the file of the Addl.Sessions Court, (Ad-hoc) - I, Pathanamthita . The petitioner would contend that it was a case of elopement between the first accused and the alleged victim, Jisha J. Pillai and the petitioner had only provided facilities for them to stay after marriage. 2. The remedy of the petitioner is to plead for a discharge after the case is committed to the Sessions Court. 3. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to plead for a discharge when the case comes up for preliminary hearing under Sec. 227 Cr.P.C. before the Sessions court after committal. The learned counsel appearing for the petitioner is permitted to collect copies of the prosecution records from the committal court during compliance under Sec. 207 Cr.P.C. In case, -:2:- the petitioner files an application for discharge, the same shall be considered and disposed of by the Sessions Court without insisting on the personal appearance of the petitioner. The petitioner shall be entitled to plead for a discharge notwithstanding the warrants, if any, pending against the petitioner. It shall be open to the petitioner to take advantage of the acquittal of the co-accused in the same case. V. RAMKUMAR, (JUDGE) ani.