IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 275 of 2008() ------------------------ PETITIONER: ACCUSED ------------------- R.V.PRADEEPAN, S/O.KRISHNAN NAMBIAR, JAYATHI NIVAS, P.O.MUNDAYAD, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KANNUR CITY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 275 of 2008 * * * * * * * * * * * * * * * * * * Dated: 25-01-2008 ORDER Petitioner who is the 2nd accused in C.P. No. 26 of 1996 on the file of the Judl. First Class Magistrate-II, Kannur arising out of Crime No. 85 of 1994 of Kannur City Police Station for offences punishable under Sections 348, 364 and 395 I.P.C. seeks to quash the above proceedings before the Judl. First Class Magistrate-II, Kannur or in the alternative seeks permission to appear before the Magistrate and plead for a discharge before the Sessions court on the ground that the co- accused in the case have been acquitted after trial as per the judgment dated 18-6-2002 in S.C. No. 76 of 1997. In the light of the decision in Moosa v. State of Kerala - 2006 (1) KLT 552 it may not be possible to quash the proceedings merely for the reason that co-accused have been acquitted after trial. But the alternative prayer of the petitioner can be granted. 2. Accordingly, this Crl. M.C. is disposed of permitting the petitioner to represent him through his counsel before the committal court and also permitting him to file a petition in Crl.M.C. No. 275 of 2008 -:2:- absentia for discharge and plead for discharge through his counsel before the Sessions Court after committal and during preliminary hearing under Sec. 227 Cr.P.C. I record the submission made by the learned counsel for the petitioner that the petitioner does not require copies of the prosecution records and therefore, compliance of Sec. 207 Cr.P.C. may not be necessary. V. RAMKUMAR, (JUDGE) ani.