IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4007 of 2010()
1. P.T.KASIM, AGED 45 YEARS,
... Petitioner
Vs
1. KUNHABDULLA, AGED 55 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4007 of 2010
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ORDER
Petitioner, the first accused in S.C.No.
263/2010 on the file of Assistant Sessions Court,
Koyilandy, filed this petition under Section 482 of
Code of Criminal Procedure to quash the proceedings
contending that continuation of the proceedings is
only an abuse of process of the court.
2. Learned counsel appearing for the petitioner
was heard.
3. Though learned counsel appearing for the
petitioner persuaded me to appreciate the evidence
and find that the case of the first accused cannot
be accepted in view of his sworn statement
recorded, it is not for this Court to appreciate
the evidence at this stage and quash the
proceedings as sought for, when petitioner is at
liberty to raise all the contentions before the
learned Sessions Judge and seek an order of
CRMC 4007/10 2
discharge under Section 227 of Code of Criminal
Procedure. Learned counsel then submitted that
presence of the petitioner may be dispensed with
for the purpose of claiming an order of discharge
under Section 227 of Constitution of India.
Petition is disposed granting liberty to the
petitioner to raise all the contentions raised
herein and seek an order of discharge under Section
227 of Code of Criminal Procedure. If petitioner
files an application to dispense with his presence,
learned Sessions Judge not to insist for his
presence for that limited purpose.
30th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv