IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 1075 of 2008() ------------------------- CC.664/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: ------------------- T.UTHAMAN, S/O.RAJAN, VELLUR, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1075 of 2008 = = = = = = = = = = = = = = Dated this the 12th day of March, 2008 ORDER The petitioner, who is the 4th accused in Crime No.583 of 2004 of Payyannur Police Station for offences punishable under Sections 452,323 and 324 read with 34 IPC, and whose case after it was split up has been re-numbered as C.C.No.654/2007 before the J.F.C.M, Payyannur, seeks to quash all further proceedings in the said case. 2. According to the petitioner, apart from the fact that the co-accused in the case have been acquitted after trial as per Annexure 6 judgment dated 31.10.07 in C.C.No.23/2005 on the file of J.F.C.M, Payyannur, the offences were compounded as per Annexure 4 petition in which the petitioner's name was also shown. He would therefore pray for an opportunity to plead for a discharge before the learned Magistrate 3. I see no reason why the limited prayer of the petitioner should not be granted. The petitioner is accordingly permitted to plead for a discharge by filing an application for discharge within two weeks from today. In case he files an application as Crl.M.C.No.1075 of 2008 2 aforesaid, he shall be permitted to plead for a discharge in absentia. The learned Magistrate shall not insist on his personal presence for the disposal of the said petition. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj