High Court Kerala High Court

Ashik Mehtab vs Balakrishnan on 26 May, 2010

Kerala High Court
Ashik Mehtab vs Balakrishnan on 26 May, 2010
       

  

  

 
 
  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

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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

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