IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 424 of 2010()
1. SUMAN.P.S,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.V.BHASKARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :08/02/2010
O R D E R
P.BHAVADASAN, J.
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Cr. MC No.424 of 2010
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Dated 8th February 2010
Order
This is a petition filed under S.482 of the Code
of Criminal Procedure, praying for a direction to the
Additional Sessions Court, Pathanamthitta to dispose of
the application filed by the petitioner, seeking discharge.
2. The petitioner is the second accused in SC
No.75/08 pending before the Additional Sessions Court,
Pathanamthitta for having committed the offences under
S.41(1)(a)(b) of Cr.P.C., S.225(b) and S.402 IPC r/w S.27
of the Arms Act.
3. It is averred in this petition that while the
committal proceedings in the above said case were
pending, the petitioner filed Cr.MC No.2299/06 before this
Court to have the committal proceedings quashed as
against her. This Court disposed of the said petition by
observing that the petitioner was at liberty to raise all her
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contentions before the Trial Court during the preliminary
hearing before framing the charges. Thereafter, the case
was committed to the Additional Sessions Court,
Pathanamthitta. She availed of the opportunity and filed a
petition before the said Court, praying for a discharge. A
copy of the said petition is produced as Annexure A2. The
petitioner submits, the matter was heard, but so far, no
orders have been passed in the petition. The only prayer
of the petitioner in this petition is for a direction to the
Additional Sessions Court, Pathanamthitta to consider the
petition filed by her for discharge as early as possible.
4. I feel that the grievance of the petitioner is
genuine and justified. This Court in the order in Cr.MC
No.2299/06 had given liberty to the petitioner to move the
Trial Court for appropriate reliefs. Accordingly, she filed a
petition before the Court below for discharge. The
petitioner was heard in the matter. So, the Court below was
bound to pass orders in the matter forthwith. Whatever that
be, the Court below is directed to pass orders on the
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petition filed by the petitioner, which has been produced as
Annexure A2 in this petition, in accordance with law. In
case the Court feels that fresh arguments are necessary,
the case may be posted for hearing after notice to the
learned Public Prosecutor as well as the learned counsel
for the petitioner. The above said petition shall be
disposed of by the Court below as expeditiously as
possible, at any rate, within three weeks from the date of
production of a copy of this order.
The Petition is disposed of as above.
P.BHAVADASAN, JUDGE
sta
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