IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1572 of 2008 ------------------------- C.C.NO. 199 OF 2007 OF J.F.C.M.IRINJALAKUDA CRIME NO. 11/1997 OF IRINJALAKUDA POLIE STATION PETITIONER: 2ND ACCUSED ----------------------- SHAJI, S/O.PARAMEKKADAN BHASKARAN, OORAKAM, PULLUR, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1572 of 2008 = = = = = = = = = = = = = = Dated this the 11TH DAY OF APRIL 2008 ORDER The petitioner who is the 2nd accused in Crime No.9 of 1997 of Irinjalakuda police station for offences punishable under sections 143,147,148,323,324,506(ii) read with Section 149 I.P.C. and now pending against him as C.C.No.199/2007 on the file of the J.F.C.M.Court, Irinjalakuda seeks to quash the proceedings. The case of the petitioner was split up from C.C.No.40/2000 and refiled as C.C.No.601/2004 and was again split up and refiled as C.C.No.199/2007. The petitioner is stated to be employed abroad. Non-bailable warrant of arrest is pending against him. The main ground urged on behalf of the petitioner is that the co-accused have been acquitted after trial in C.C.No.40/2000 and C.C.No.601/2004. That by itself cannot be a ground to quash the proceedings in the light of the decision in Moosa v. Sub CRMC.1572/2008 2 Inspector of Police, 2006(1)K.L.T.552 . The petitioner is to plead for a discharge taking advantage of the acquittal of the co- accused in the case. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, in case the petitioner files an application before the Magistrate within two weeks from today through his counsel, he shall be permitted to discharge in absentia and the magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said petition. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.