IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1600 of 2010() ------------------------- CC.576/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED ---------------------- 1. ALEXANDER @ MOHANAN, AGED 58 YEARS, S/O.SAMUEL, THARAYIL PUTHENVEEDU, ENATHUR, ADOOR. 2. SANTHOSH, AGED 46 YEARS, S/O.SAMUEL, THARAYIL PUTHENVEEDU, ENATHUR, ADOOR. BY ADV. SRI.SEBASTIAN PHILIP SRI.R.ANIL RESPONDENT(S): STATE & DEFACTO-COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.C.ABRAHAM, S/O.CHACKO, MADATHIL VILAYIL, ENATHUR P.O., ADOOR. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1600 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 19th day of May 2010 ORDER Petitioners who are accused Nos. 2 and 3 in Crime No. 376 of 2006 of Adoor Police Station for offences punishable under Sections 323, 448 and 506 (i) read with Sec. 34 I.P.C. seek to quash Annexure - I final report in the above case. According to the petitioners who were absconding in C.C. No. 576 of 2006 in which the first accused alone stood trial, the said Court has acquitted the first accused after holding that the prosecution has not been able to prove its case. 2. In the light of the decision in Moosa v. Sub Inspector of Police - 2006 (1) KLT 552 this Court is not entitled to look into the judgment in which A1 faced trial to hold without a trial that accused Nos. 2 and 3 are also not guilty. The proper course would be to permit the petitioners to plead for a discharge in absentia since the petitioners are allegedly employed abroad. Accordingly, Crl.M.C. is disposed of permitting the Crl.M.C. No. 1600 of 2010 -:2:- petitioners to plead for a discharge in absentia by filing a petition in that regard within two weeks from today. In case the petitioners file an application as above for discharge the learned Magistrate shall not insist on their personal appearance for the disposal of the discharge petition. Dated this the 19th day of May, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge