IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2457 of 2010() ------------------------- CC.75/2002 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER: ACCUSED ---------------------- A.K.LINISH, S/O.VIJAYAN, ARAYANKULANGARA HOUSE, IRUVALLUR, CHELANNUR AMSOM, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.M.PADMANABHAN SRI.P.A.HARISH SMT.SANIKA.V.S. RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVA KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, ALONG WITH CRL.M.C.NO.2459/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------------------- Crl.M.C.Nos.2457 & 2459 of 2010 ------------------------------------------------ Dated this the 2nd day of July, 2010 ORDER The common petitioner in these petitions filed under Section 482 of Code of Criminal Procedure is the sole accused in C.C.No.75/2002 and the first accused in C.C.No.129/2009 on the file of the Chief Judicial Magistrate, Kozhikode. The above cases arose out of Crime No.310 of 2001 of Kasaba Police Station, Kozhikode alleging offences punishable under Sections 408, 419, 420, 468 & 471 read with Section 34 of I.P.C. Initially the police filed a final report and the learned Chief Judicial Magistrate framed charge in terms of the final report. Against the said proceedings accused Nos.2 to 4 in C.C.No.129/2009 preferred Crl.M.C.No.1872/2007 before this Court. While disposing of the said Criminal M.C. this Court set aside the charge framed by the court below and directed the learned Magistrate to frame charge afresh or discharge all or any of the accused persons after hearing accused Nos.2 to 4 as well as the first accused. Thereafter the court below again framed charge on 19/11/2007. Accused Nos.2 to 4 Crl.M.C.No.2457 & 2459/2010 : 2 : preferred Criminal M.C.No.248 of 2008 before this Court and the said M.C. was disposed of by this Court on 24/1/2008 directing the court below to assign separate C.C.numbers for the final report as well as the supplementary final report. Accordingly separate C.C.numbers were assigned to the final report as well as the supplementary final report. That is how two cases came to be registered in the above case. That was done in pursuance of the directions from this Court in the above Criminal M.Cs. The occurrence took place in the year 2001 and the case is yet to be heard under Section 239 of Code of Criminal Procedure to consider whether a charge is to be framed or not. The contention now raised by the petitioner is against the directions issued by this Court. If there is faulty investigation or want of further investigation, the petitioner can very well take advantage of the same during trial. The remedy of the petitioner is now to plead for a discharge. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly if the petitioner seeks a discharge in absentia through his counsel the court below (C.J.M, Crl.M.C.No.2457 & 2459/2010 : 3 : Kozhikode) shall consider the same without insisting on the personal appearance of the petitioner. These Criminal M.Cs. are disposed of as above. V.RAMKUMAR, JUDGE skj