IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2513 of 2009()
1. LAL MOHAN, S/O.CHANDRAMOHAN,
... Petitioner
2. SYAM MOHAN, S/O.CHANDRAMOHAN,
Vs
1. STATE OF KERALA,
... Respondent
2. RAJESH PRASAD @ SHALU,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/08/2009
O R D E R
M.N. KRISHNAN, J.
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CRL. R.P. NO. 2513 OF 2009
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Dated this the 6th day of August, 2009.
O R D E R
An application is filed by the counsel for the accused
u/s 239 Cr.P.C. to discharge the accused. Really it is very
sad that the accused is absconding before Court and the
lawyer files an application to discharge him. The question of
hearing on the very matter of charge or discharge only arises
when the accused is before Court. By keeping away form
the Court the accused wants special treatment for a
discharge. I feel the learned Magistrate was perfectly
justified in refusing to pass an order discharging the accused
at that stage. If the accused appears and there is a plea for
discharge, without referring to this order, the learned
Magistrate can consider it independently and dispose it of in
accordance with law.
If the accused surrenders and moves an application for
bail, let it be considered on the very same day after notice to
the Prosecutor.
M.N. KRISHNAN, JUDGE.
ul/-