IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Crl.MC.No. 1706 of 2009() ------------------------- LPR NO.16/2008 IN CC.371/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER/IST ACCUSED --------------------------------------- K.P. SAIDALI, AGED 55 YEARS, S/O.PAREEKUTTY, KALATHILTHODI HOUSE, SHIRA MANZIL, PAZHAYANNUR, THRISSUR. BY ADV. MR.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENTS/STATE AND COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKANCHERRY. 3. JOINT REGIONAL TRANSPORT OFFICER, VADAKKANCHERRY. 4. M/S.POONAM FINANCE CORPORATION, PUROHIT HOUSE, 144 MINI STREET, 2ND FLOOR, SOWCARPET, MADRASS-79. R1 TO R3 BY PUBLIC PROSECUTOR MR.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1706 of 2009 ORDER ON CRL.MA. NO.2823/2009 IN CRL.MC. NO.1706/2009 DISMISSED 19/06/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1706 OF 2009 =========================== Dated this the 19th day of June,2009 ORDER Petitioner is the first accused in C.C.371/2004 on the file of Judicial First Class Magistrate Court, Vadakkanchery now pending in the long pending register L.P.16/2008 as the petitioner was absconding. This petition is filed under section 482 of Code of Criminal Procedure for permission to the petitioner to file a discharge petition and to direct the Magistrate to pass orders in that application before executing the non- bailable warrant. 2. Learned counsel appearing for the petitioner fairly submitted that charge as against the petitioner was also framed by the learned Magistrate and it is thereafter the case was removed to the long pending register. Once a charge is framed under section 240 of Code of Criminal Procedure, as the case is being tried as a warrant case taken cognizance on a report submitted by the Police, petitioner is not entitled to seek an order of discharge thereafter. Subsequent to the framing of the charge, the case could be disposed Crl.M.C.1706/2009 2 by a judgment either convicting or acquitting the accused. Therefore the petition can only be dismissed. 3. Learned counsel appearing for the petitioner then submitted that petitioner may be permitted to surrender and file an application for bail. Petitioner is always at liberty to surrender and file an application for bail. If such an application is filed, Magistrate is expected to pass orders without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decision of this court and that of the Apex Court or that the Magistrate will not act in accordance with law. Hence no direction is also warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006