IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.Rev.Pet.No. 2513 of 2009() ------------------------------ AGAINST THE ORDER DATED 21/05/2009 IN CMP 1857/2009 IN CC.368/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVISION PETITIONER(S): ACCUSED 1 & 2: ---------------------------------------------------------------- 1. LAL MOHAN, S/O.CHANDRAMOHAN, T.C.48/245, PAZHANCHIRA WARD, MUTTATHARA, THIRUVANANTHAPURAM. 2. SYAM MOHAN, S/O.CHANDRAMOHAN, AGED 20 YEARS, T.C.48/245, PAZHANCHIRA WARD, MUTTATHARA, THIRUVANANTHAPURAM. BY ADV. MR.BECHU KURIAN THOMAS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJESH PRASAD @ SHALU, S/O.T.K.R.PRASAD, T.C.48/245/2, V-ONE NAGAR, AMBALATHARA, TRIVANDRUM. R1 BY PUBLIC PROSECUTOR MR. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL. R.P. NO. 2513 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of August, 2009. O R D E R An application is filed by the counsel for the accused u/s 239 Cr.P.C. to discharge the accused. Really it is very sad that the accused is absconding before Court and the lawyer files an application to discharge him. The question of hearing on the very matter of charge or discharge only arises when the accused is before Court. By keeping away form the Court the accused wants special treatment for a discharge. I feel the learned Magistrate was perfectly justified in refusing to pass an order discharging the accused at that stage. If the accused appears and there is a plea for discharge, without referring to this order, the learned Magistrate can consider it independently and dispose it of in accordance with law. If the accused surrenders and moves an application for bail, let it be considered on the very same day after notice to the Prosecutor. M.N. KRISHNAN, JUDGE. ul/-