IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 243 of 2008() ------------------------ AGAINST THE ORDER IN (LP 143/2006) IN ST.701/2002 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ACCUSED NO.3: ------------------------- T.K.ILLIAS, S/O.HAMEED, THAIKKADAPPURATH VEEDU, KADALUNDI AMSOM, DESOM CHALIYAM. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 243 of 2008 * * * * * * * * * * * * * * * * * * Dated: 25-01-2008 ORDER Petitioner who is the 3rd accused in C.C. No. 701 of 2002 (L.P. No. 143 of 2006) on the file of the J.F.C.M. V, Kozhikode, seeks to quash the proceedings before the Magistrate on the ground that the co-accused in the case have been acquitted after trial as per Annexure I judgment dated 30-04-2002 in S.T. No. 1277 of 1998. 2. The acquittal of the co-accused cannot be a ground by itself to seek a setting aside of the proceedings against the petitioner. The pettioner is, however, given an opportunity to plead for a discharge in absentia by filing an application through his counsel. In case such an application is filed , it shall be considered and disposed of by the learned Magistrate also taking into account the fact that the co-accused in the case have been acquitted. Such petition for discharge shall be filed within two weeks from today and shall be disposed of expeditiously by the Magistrate. Until such disposal, warrant, if any, pending against the petitioner shall not be executed. This Crl. M.C. is disposed of as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.