IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.MC.No. 2609 of 2008() ------------------------- CC.348/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER: ------------ SHIHABUDDEEN, S/O. MAMMU AGED 26 YEARS, KARATTE HOUSE KODIYATHUR, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE MUKKOM POLICE STATION , THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2609 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2008 O R D E R The petitioner is the second accused in a prosecution under Section 7 of the Essential Commodities Act. The co-accused have already been discharged under Section 239 Cr.P.C. The petitioner also wants to claim premature termination of the proceedings. 2. The petitioner can appear before the learned Magistrate and claim such discharge. The learned counsel for the petitioner prays that, in the facts and circumstances of this case, there may be a direction that the petitioner need not appear personally in order to stake such claim for discharge, which has already been granted in so far as the co-accused are concerned. I am satisfied that the said request can be accepted and appropriate direction can be issued. 3. This Crl.M.C. is allowed in part. The petitioner is permitted to appear through counsel before the learned Crl.M.C.No. 2609 of 2008 2 Magistrate and claim that the relief of discharge, which has been granted to the co-accused, may be extended to him also. The learned Magistrate shall consider such plea. If the petitioner appears before the learned Magistrate through a counsel and raises such plea, the learned Magistrate shall pass appropriate orders under Section 239 Cr.P.C. The personal presence of the petitioner shall not be insisted. He shall appear through counsel within 10 days from this date. The warrant of arrest issued against the petitioner shall not be executed, if he so appears through counsel within the stipulated period of time. (R. BASANT) Judge tm