IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2280 of 2010() ------------------------- CC.665/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: ACCUSED ---------------------- MANNAN RASSAK, S/O.THANA THATI HAMSA, AGED 39 YEARS, MADAYI AMSOM, PUTHIYANGADI, KANNUR DISTRICT. BY ADV. SRI.E.N.VISHNU NAMBOODIRI SRI.ROY THOMAS (MUVATTUPUZHA) RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, PAYANGADI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The “C.C.No.665/08” in the cause title of order dated 28.6.2010 in Crl.M.C.2280/2010 is corrected as C.C.No.655/08 as per order dated 23.7.2010 in Crl.M.A.4111/2010 in Crl.M.C.2280/'10. Sd/- Assistant Registrar V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2280 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER The petitioner who was the eighth accused in Crime No.129/1995 of Payangadi Police Station for offences punishable under Sections 143, 147, 148, 324, 448, 427 read with Section 149 I.P.C and whose case was split up from C.C.No.488/1995 on the file of the Judicial Magistrate of the First Class, Payyannur and now pending as C.C.No.665/2008 seeks to quash the entire proceedings against him on the ground that the co-accused have been acquitted after trial in C.C.No.488/1995 as evidenced by Annexure A-2 judgment. 2. Admittedly non-bailable warrants are pending against the petitioner. The petitioner cannot get the proceedings quashed as against him without a trial in the light of Moosa Vs. Sub Inspector of Police (2006(1)KLT 552). However, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly in case the petitioner surrenders before the Magistrate within two weeks from today and files an application for discharge highlighting the fact that the co-accused were acquitted after trial, the learned Crl.M.C.No.2280/2010 : 2 : Magistrate shall consider the same without insisting on the personal appearance of the petitioner. The petitioner may file the application notwithstanding the pendancy of non-bailable warrants against him. V.RAMKUMAR, JUDGE skj “C.C.No.665/2008” occurring in the 6th line of paragraph 1 of the order dated 28/06/2010 in Crl.M.C.2280/2010 is corrected and substituted as “C.C.No.655/2008” as per order dated 23/07/2010 in Crl.M.A 4111/2010 in Crl.M.C.2280/2010. Sd/ Registrar (Judicial)