IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1376 of 2008 ------------------------- CC.826/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR (C.C.NO. 243 OF 2000 OF THE J.F.C.M. ALATHUR .................... PETITIONER: 4TH ACCUSED ----------------------- SUJITH, S/O.BHASKARAN, MADATHIL VEEDU PARAKULAM, KUNISSERI, ALATHUR, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTORMR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1376 of 2008 = = = = = = = = = = = = = = Dated this the 3rd April, 2008 ORDER The Petitioner, who is the 4th accused in Crime No.418 of 1999 of Alathur police station for offences punishable under Sections 143,147,148,323,324,427 and 342 read with Section 149 of the Indian Penal Code, seeks to quash the proceedings pending against him as C.C.No. 826 of 2003 on the file of the Judicial First Class Magistrate Court, Alathur. The petitioner was absconding in C.C.No.243/2000 and accordingly the case against him was split up and refiled as C.C.No.826/2003. No charge was framed in C.C.No.826/2003. The petitioner is stated to be employed in the Armed Forces. Under these circumstances the only course open to the petitioner is to plead for discharge in view of the acquittal of the co-accused in C.C.No.243/2000. I am inclined to accept the request of the CRMC.1376/2008 -2- petitioner that he may be permitted to plead for a discharge in absentia. Accordingly, if the petitioner files an application through his counsel for discharge in absentia within two weeks from today, the same shall be granted by the Magistrate who shall not insist on the personal appearance of the petitioner for disposal of the said application. The petitioner may also rely on the judgment of the acquittal of the co-accused in C.C.No.243/2000. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks