IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1568 of 2010() ------------------------------------- SC.94/2004 of SESSIONS COURT, PALAKKAD .................... PETITIONER(S): ----------------------- RAJESH. K., C.NO.7175, CENTRAL PRISON, VIYYUR, THRISSUR. BY ADV. SRI.VIJAY MATHEWS (STATE BRIEF) RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1568 of 2010 -------------------------------------- Dated this the 31st day of May, 2010 ORDER This is a petition preferred from the Central Prison, Viyyur by the first accused in Sessions case No.94/04 on the file of the Sessions Judge, Palakkad. He contends that he was not given the benefit of set off under Section 428 of the Code of Criminal Procedure. Since he has been convicted and sentenced to murder along with other offences, he will be entitled to set off only if and when the appropriate Government passes orders of remission either under Section 432 or 433 of Code of Criminal Procedure. That right of the petitioner has been reserved in the judgment dated 13/11/2008 of the Sessions Judge, Palakkad. This Criminal M.C. which is misconceived is accordingly dismissed. V.RAMKUMAR, JUDGE skj