IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1068 of 2010()
1. ASHIK MEHTAB,S/O.M.K.C.KULLIATI,
... Petitioner
2. SALIH,S/O.SOOPY,AGED 25 YEARS,
Vs
1. BALAKRISHNAN,S/O.KUNHIRAMAN NAIR,
... Respondent
2. STATE OF KERLA,REPRESENTED BY PUBLIC
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :SRI.S.SANTHOSH KUMAR (BALARAMAPURAM)
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/05/2010
O R D E R
*Crl.M.C.NO.*1068 *of*J.2010*
* * *V.*RAMKUMAR, * * *
* * * * * *
* * * *Dated:* * * * * * * * * * *
* * *
26-5-2010
ORDER
The petitioners who are two of the accused in Crime No.
359 of 2004 of Perambra Police Station for offences punishable
under Sections 147, 148, 341, 323, 308 read with Section 149
I.P.C. seek to quash all further proceedings in the said case.
The case against the first petitioner is now pending before the
Assistant Sessions Court, Quilandy as L.P. No. 7 of 2008 and the
case of the 2nd petitioner is pending before the said Court as
S.C. No. 174 of 2009.
2. Admittedly, non-bailable warrants of arrest are
pending against the petitioners. According to the petitioners the
co-accused in the case have been acquitted after trial in S.C. 129
of 2006 on the file of the same court as per Annexure – 1
judgment dated 29-10-2008. The petitioners would have it that
the matter has been settled between the petitioners and the de
facto complainant as is represented by his counsel. If the
offences do not involve any money dispute personally between
the parties the offences cannot be termed as disputes coming
within the scope of Madan Mohan Abbot and related cases so
as to enable this Court to compound the non-compoundable
Crl.M.C.NO. 1068 of 2010
-:2:-
offences by resort to Sec. 482 Cr.P.C. The remedy of the
petitioners is to move the trial court and plead for a discharge. I
am inclined to permit the petitioners to plead for a discharge in
absentia in case they file an application in that behalf within two
weeks from today. If the petitioners comply with the above
condition the Assistant Sessions Judge shall not insist on their
personal appearance for the disposal of the discharge petition
which shall be disposed of notwithstanding the pendency of any
warrants of arrest pending against the petitioners. It shall be
open to the petitioners to bring to the notice of the court below
that the co-accused in the case have already been acquitted after
trial.
Dated this the 26th day of May, 2010.
Sd/- V. RAMKUMAR, (JUDGE)
/true copy/
P.S. to Judge
ani.
Crl.M.C.NO. 1068 of 2010
-:3:-