IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1674 of 2008() ------------------------- CP.1/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... PETITIONER: ------------------------ SUNIL, S/O.SADANANDAN, T.C.6/744, ANUPAMA NAGAR, PONGUMOODUM CHERUVAKKAL VILLAGE, TRIVANDRUM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. HARIKUMAR S/O.KRISHNAN, UP 11/80, KRISHA NIVAS, ULLOOR, CHERUVAKKAL VILLAGE, TRIVANDRUM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.M.R.RAJESH FOR R2 SRI.A.S.ANILKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1674 of 2008 = = = = = = = = = = = = = = = = = Dated this the 11 th day of April, 2008 ORDER The learned counsel for the petitioner as well as the learned counsel for the 2nd respondent/ de facto complainant submit that the dispute between them has been settled. The petitioner was the 3rd accused in C.C.No.121/1992 of Contonment Police Station for offences punishable under sections 143,147,148,326, and 307 read with 149 IPC. As per Annexure B Judgment dated 31.12.07 in S.C.Nos.863/2005 and 2537/2006, 14 accused persons in the case were acquitted after trial. Since both the petitioner as well as the de facto complainant are working abroad they are unable to move the sessions court. The case is now pending before the J.F.C.M-V, Thiruvananthapuram as C.P.No.1/03. The only alternative available to the petitioner is to plead for a discharge as and when the case is committed to the Sessions Court. The learned counsel for the petitioner submits that the petitioner need not be supplied with copies of the prosecution records under section Crl.M.C.No.1674 of 2008 2 207 Cr.P.C. If so, the learned Magistrate shall commit the case to the court of Sessions without insisting on the personal appearance of the petitioner. As and when the stage of preliminary hearing before the Sessions Court has reached, the petitioner shall be entitled to plead for discharge in absentia, in view of the settlement between the petitioner and the 2nd respondent and also in view of the acquittal of the co-accused in the case. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj