IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Crl.MC.No. 96 of 2008() ----------------------- SC.480/2007 of II ADDL. SESSIONS COURT, TRIVANDRUM SC.171/2004 of ADDL.SESSIONS COURT (ADHOC)-IV, TRIVANDRUM .................... PETITIONER: ACCUSED ------------------- AJITHAN, AGED 35 YEARS, S/O.SATHYAN PALAMOODU VEEDU, PULINTHURUTHY KADADOM P.O., CHIRAYINKEEZHU. BY ADV. SRI.D.KISHORE RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, ATTINGAL. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 96 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-01-2008 JUDGMENT Petitioner who was the 8th accused in Crime No. 289 of 2001 of Chirayinkeezhu Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324, 114 and 302 I.P.C., was absconding before the II Addl. Sessions Court, Thiruvananthapuram and the case against him was split up and re-filed as S.C. 480 of 2007. His prayer to quash the charge-sheet leading to S.C. 480 of 2007 for the sole reason that the co-accused in the case have been acquitted after trial as per the judgment dated 9-8-2996 in S.C. 171 of 2004 by the II Addl. Sessions Court, Fast Track (Adhoc) No. IV, Thiruvananthapuram, cannot be granted . His limited prayer now made to permit him to seek a discharge before the Addl. Sessions Court can be granted. Accordingly, this M.C. is disposed of permitting the petitioner to seek a discharge under Sec. 227 Cr.P.C. before the trial court. In case, the petitioner files an application for discharge before the trial court, the same shall be considered and disposed of expeditiously, at any rate , within one month of the date of filing the said application. V. RAMKUMAR, (JUDGE) ani.