IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Crl.MC.No. 3013 of 2008() ------------------------- LP 8/2005 IN SC.7/2003 of ADDL.ASSISTANT SESSIONS COURT, NORTH PARAVUR .................... PETITIONER: 30TH ACCUSED ------------------------------- ASHARAF, S/O. ABDU, AGED 47, MADATHIPARAMBIL HOUSE, PALAPRASSERY KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT: COMPLAINANT --------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl. M.C. No. 3013 of 2008 ========================== Dated this the 8th day of August, 2008. ORDER The petitioner, who is the 30th accused in Crime No. 86 of 1995 of Chengamanadu Police Station registered for offences punishable under Sections 143, 147, 148, 448, 427, 353 and 307 r/w Section 3 of the Explosive Substances Act, 1908, seeks to quash all further proceedings in L.P. No. 8 of 2005 in S.C. No. 7 of 2003 pending before the Additional Assistant Sessions Court, North Paravur as against the petitioner. 2. According to the petitioner, on 30.03.1995 i.e., the alleged date of occurrence, he was not in India and was in Saudi Arabia as is clear from his passport and that he has been falsely implicated by the police. 3. The plea of alibi set up by the petitioner is a matter to be considered either at the time of preliminary hearing under Section 227 Cr.P.C or thereafter during trial. The same cannot be considered in a petition under Section 482 Cr.P.C. Hence, without prejudice to the right of the petitioner to plead for a CRL.M.C. NO. 3013/2008 : 2: discharge, this Crl. M.C. is dismissed. In case the petitioner files an application for discharge within two weeks from today, the same shall be considered and disposed of within two weeks of filing the petition. This Crl.M.C. is disposed of as above. Dated this the 8th day of August, 2008. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 3013/2008 : 3: