IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 731 of 2008() ------------------------ SC.375/2007 of ADDL.SESSIONS COURT (ADHOC)III, MANJERI .................... PETITIONER: ---------------------- ABDUL RAZAK,S/O.MOIDEENKUTTY ALANGADAN HOUSE, KARAKKUNNU P.O. MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. CIRCLE INSPEPCTOR OF POLICE MANJERY,(CRIME NO. 305/1997) BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 731 of 2008 ========================== Dated this the 18th day of February, 2008. O R D E R The petitioner, who was the 6th accused in Crime No. 305/1997 of Manjeri Police Station for offences punishable under Sections 395 and 120 B IPC, after the splitting of the case against him from S.C. No. 265/2000, is the sole accused in S.C. No. 375/2007 on the file of the Additional Sessions Court, Fast Track-III, Majeri. According to the petitioner, all the 10 accused were acquitted by the Additional Sessions Court as per Annexure A1 judgment dated 26.02.2005 and the petitioner reasonably expects an acquittal or discharge, but the case against him cannot be proceeded with since the records in Sessions Case No. 265/2000 came to be summoned by this Court for the disposal in connection with Criminal Appeal No. 441/2005 filed by the 1st accused, who was acquitted by the court below. The petitioner, therefore, prays for an opportunity to plead for a discharge after retransmitting the records in Crl. Appeal No. 441/2005. Accordingly, this Crl.M.C is disposed of permitting the petitioner to plead for a discharge. In case the petitioner pleads for a discharge in absentia before the Additional Sessions Court, Fast Track-III (Adhoc), Manjeri, the same shall be considered and disposed of within one month of CRL. M.C. NO. 731/2008 : 2 : filing a petition for discharge and without insisting on the personal appearance of the petitioner. In order to enable the court below to consider the discharge application, the lower court records in Crl. Appeal No. 265/2005 called for by this Court in connection with Crl. Appeal No. 441/2005 shall be retransmitted to the trial court unless the aforesaid appeal is being taken up urgently. In case the discharge pleaded by the petitioner is not considered, that court shall explore the possibility of taking the trial expeditiously. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 731/2008 : 3 :