IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 3794 of 2008() ------------------------- SC.604/2007 of ASSISTANT SESSIONS COURT, MAVELIKKARA .................... PETITIONER(S): --------------- T.N.VINOD KUMAR, S/O NANU, THADIKAYAL HOUSE, IROOPPA FATHIMAPURAM P.O., CHANGANACHERRY. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3794 of 2008 ------------------------------------------------- Dated this the 17th day of November, 2008 ORDER The short grievance of the petitioner was that an application for discharge under Sec.227 Cr.P.C. filed by him, who faces indictment in a prosecution for offences punishable, inter alia, under Sec.395 IPC, is not taken up for expeditious consideration by the learned Sessions Judge. A report of the learned Sessions Judge was called for. In the report dated 6/11/08, the learned Sessions Judge reports that the plea of discharge has already been considered and answered on 5/11/08. 2. In the light of that fact, I am satisfied that no further directions are necessary in this Crl.M.C. 3. This Crl.M.C. is accordingly dismissed making it clear that the dismissal of this Crl.M.C. will not fetter the rights of the parties to challenge the order dated 5/11/08 on the question of discharge. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3794 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 ORDER The short grievance of the petitioner is that his prayer for discharge in a Sessions Case on the ground that the requisite sanction has not been obtained to prosecute him is not being considered by the learned Sessions Judge and the matter is being adjourned indefinitely. 2. Call for a report from the learned Sessions Judge. The learned Sessions Judge will specify in such report why the plea for discharge under Sec.227 Cr.P.C. is not being considered. If there be no legal impediment, I would expect the learned Sessions Judge to consider the same and pass appropriate orders by the next date of posting. Call on 17/11/2008. The Registry shall ensure that the report is received by then. (R. BASANT, JUDGE) Nan/