IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1710 of 2011() ------------------------ CRIME NO. 475/2003 OF CHAVAKKAD POLICE STATION .................. PETITIONER / 5TH ACCUSED : -------------------------------------------- BANASSIN, AGED 29 YEARS, S/O.MUHAMMED KASIM, MALIYATH HOUSE, OTTATHENGU DESOM, ORUMANAYOOR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT / STATE & DEFACTO COMPLAINANT : ---------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHABEER MOHAMMED, AGED 30 YEARS, S/O.MOHAMMED, PADATH KAYI HOUSE, VELIYANCODE VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. MANU R2 BY ADV. SRI. LOWEL CHERIAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1710 of 2011 --------------------------------------- Dated this 10th day of June, 2011 ORDER Petitioner is the fifth accused in L.P.No.61 of 2010 of the Court of learned First Additional Assistant Sessions Judge, Thrissur which arises from S.C.No.63 of 2007 of that Court and Crime No.475 of 2003 of Chavakkad Police Station. Petitioner says that he has settled the dispute with second respondent and accordingly has requested to quash proceeding against him. Alternatively it is prayed that learned First Additional Assistant Sessions Judge may be directed to expedite trial of the case against petitioner. Learned counsel submitted that petitioner and second respondent are employed abroad and both are presently at station. Second respondent has to leave the place by 01.07.2011. If before that evidence of the second respondent is not recorded, the case will again be prolonged and petitioner may find it difficult to return to his place of employment. I have heard learned Public Prosecutor also. 2. So far as request to quash proceeding on the strength of settlement is concerned, I am not inclined to think that this Court should interfere in that matter having regard to the facts Crl.M.C.No.1710 of 2011 -: 2 :- and circumstances of the case, weapons allegedly used and considering the fact that alleged settlement is only between petitioner and second respondent. 3. However, the other prayer made by the petitioner requires consideration. Now the case is included in the L.P register as L.P.No.61 of 2010. Learned counsel submits that other accused are absconding. If there is no possibility of presence of other accused being procured in the near future, learned First Additional Assistant Sessions Judge shall consider the possibility of case against petitioner being split up and proceeded on his appearing before learned First Additional Assistant Sessions Judge. That, petitioner and second respondent are employed abroad and second respondent has to leave the place by 01.07.2011 in which case again trial will again be prolonged and employment of second respondent may be affected shall be take into account by the learned First Additional Assistant Sessions Judge. I direct the learned First Additional Assistant Sessions Judge, Thrissur to consider the above circumstances and decide whether case against petitioner could be split up and proceeded against and second respondent could be examined before he leaves the place on 01.07.2011. Crl.M.C.No.1710 of 2011 -: 3 :- Petitioner shall appear before the learned First Additional Assistant Sessions Judge, Thrissur on 13.06.2011. Warrant of arrest issued to the petitioner will stand in abeyance till that day. Application for bail/recall of warrant preferred by the petitioner shall be decided by the learned First Additional Assistant Sessions Judge, Thrissur as early as possible. Petitioner has an apprehension that he may be remanded on appearance. Learned First Additional Assistant Sessions Judge shall take into account the fact that final report has already been filed and hence custodial interrogation of petitioner in the circumstance may not be required. This criminal miscellaneous case is disposed of with the above directions. (THOMAS P JOSEPH, JUDGE) Sbna/-