IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4714 of 2008() ------------------------- SC.1192/2008 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CRIME NO.18/94 OF THE CHAVAKKAD POLICE STATION .................... PETITIONER(S): --------------- GAFOOR, AGED 35 YEARS, S/O.HAMSA, KUNNATHUTHOPPIL HOUSE, MANATHALA AMSOM, THIRUVATHRA DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRMC NO.4718/08 ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.4714 & 4718 of 2008 ------------------------------------------------- Dated this the 5th day of December, 2008 ORDER The common petitioner in these two Crl.M.Cs. is facing indictment in two separate prosecution before the Sessions Court, Thrissur. Those prosecutions are for offences punishable, inter alia, under Sec.307 IPC in one case and Sec.436 IPC in the other. The co-accused have been acquitted. The petitioner, in these circumstances, prays that the prosecution against him may be quashed. 2. In the light of the decision of the Full Bench in Moosa v. Sub Inspector of Police (2006 (1) KLT 552) it is now trite that the acquittal of the co-accused on the basis of the evidence adduced in such trial against them before the court, is no reason for the absconding co-accused to claim any benefit or advantage. The learned counsel for the petitioner submits that Crl.M.C. Nos.4714 & 4718 of 2008 -: 2 :- he is requesting that the proceedings be quashed for the reason that the co-accused have been acquitted. 3. The learned counsel for the petitioner submits that the petitioner is entitled to claim discharge. In such claim for discharge he wants to rely on all the circumstances including the acquittal of the co-accused. It is for the petitioner to raise such plea of discharge before the court below at the stage of Sec.227 Cr.P.C. and when such plea is raised, the learned Sessions Judge will have to consider the same in accordance with law. I am not persuaded to agree that any specific direction as to how such consideration must be made deserves to be issued at this juncture. Suffice it to say that the learned Sessions Judge must consider the same expeditiously and pass appropriate orders. 4. These Crl.M.Cs. are accordingly dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. Nos.4714 & 4718 of 2008 -: 3 :-