IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3097 of 2010()
1. IBRAHIM @ IMBAYI, S/O.HAMZA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.3097 of 200
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Dated this the 4th day of August, 2010
ORDER
Petitioner, who is the 3rd accused in Crime No.458/2006 of
Palakkad Town North Police Station for an offence punishable
under Section 420 read with 34 IPC and now pending before the
Chief Judicial Magistrate, Palakkad as C.C.No.115/2008 and
transferred to Long Pending Register as L.P.No.81/2008 seeks to
quash the proceedings against him mainly on the ground that co-
accused in the case have been acquitted after trial in
C.C.No.2/2008.
In the light of the decision in Moosa Vs.Sub Inspector of
Police ( 2006(1) KLT 552), it is not permissible for this Court to
quash the proceedings against the petitioner without a trial
mainly for the reason that the co-accused have been acquitted. I
am, however, inclined to permit the petitioner to plead for a
discharge in C.C.No.115/2008 and also highlight the fact of
acquittal of the co-accused before the Magistrate. I am also
inclined to permit the petitioner to plead for a discharge in
absentia. Accordingly if the petitioner file an application for
Crl. M.C. No. 3097 of 2010
2
discharge before the court below through his counsel, that court
shall not insist on the personal appearance of the petitioner for
the disposal of the discharge petition. It shall be open to the
petitioner to highlight the fact that the co-accused in the case
have been acquitted after trial.
This Crl.M.C is disposed of reserving the above right of the
petitioner.
Dated this the 4th day of August, 2010.
V. RAMKUMAR, JUDGE
sj