IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 487 of 2008() ------------------------ CC.194/1995 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER: 3RD ACCUSED IN CC 194/95 ------------------------------------ SRI. REJI, S/O. KALAPPURAKKAL SUDESAN, CHELUR, IRINJALAKUDA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENTS: COMPLAINANT IN THE COURT BELOW ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, IRINJALAKUDA, IRINJALAKUDA P.O., THRISSUR DISTRICT. BY PUBLIC PROSECUTOR, SRI.M.S. BREEZE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Crl.M.C. No. 487 OF 2008 ----------------------------------- Dated this the 5th day of February, 2008 O R D E R Petitioner who is the 3rd accused in Crime No.402 of 1994 of Irinjalakuda Police Station for offences punishable under Sections 143, 147, 148, 447, 323, 324 read with Section 149 IPC seeks to quash the proceedings in CC No.115 of 1998 pending before the Judicial First Class Magistrate Court, Irinjalakuda. Consequent on the abscondance of the petitioner in CC No.194 of 1995, the case against him was split up and re-filed as CC No.115 of 1998. Subsequently, the case was transferred to the long pending register where it was numbered as LPR 42 of 2001. 2. Admittedly, non bailable warrants of arrest are pending against the petitioner. The circumstances under which such warrants came to be issued are not discernible to this court. The petitioner has a contention that the first informant while giving evidence under Section 299 CrPC, before including the case in the long pending register, as per Annexure A1 deposition dt.18.05.2000 has deposed before the Magistrate that he does not know whether the petitioner herein was one among the assailants Crl.MC No. 487 of 2008 2 and that he has no grievance against the petitioner herein. If that is so, the petitioner can very well seek a discharge by filing an appropriate petition before the learned Magistrate. If the petitioner files an application for a discharge within three weeks from today, the learned Magistrate shall consider the same without insisting on the personal appearance of the petitioner and shall pass appropriate orders taking into account the deposition of the first informant de facto complainant, while examined under Section 299 CrPC. V. RAMKUMAR, JUDGE btt Crl.MC No. 487 of 2008 3