High Court Kerala High Court

Sharafudheen vs State Of Kerala on 4 October, 2007

Kerala High Court
Sharafudheen vs State Of Kerala on 4 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3056 of 2007()


1. SHARAFUDHEEN, AGED 29 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :04/10/2007

 O R D E R
                           R.BASANT, J.
                        ----------------------
                     Crl.M.C.No.3056 of 2007
                    ----------------------------------------
              Dated this the 4th day of October 2007

                               O R D E R

The petitioner faces indictment in a prosecution for the

offence punishable under Section 472 read with 34 I.P.C.

Altogether there were three accused persons. Cognizance was

taken. The case was registered. The petitioner was not

available for trial. The trial against accused 1 and 2 proceeded.

They have been found not guilty and acquitted. The case against

the petitioner has been split up and refiled. As the petitioner

was not available, the trial against the petitioner has not started.

He has not appeared before the learned Magistrate so far.

Consequently the coercive processes have been issued against

the petitioner. The petitioner has now come back to India on

9/9/2007. The petitioner, in these circumstances, has come to

this court with two prayers. First of all, it is prayed that the

proceedings against the petitioner may be quashed.

Alternatively it is prayed that there may be a direction for

expeditious disposal of the case against him.

2. First of all, in the light of the decision of the Full

Crl.M.C.No.3056/07 2

Bench in Moosa vs. Sub Inspector of Police [2006(1) KLT 552

(FB)] I find absolutely no reason to invoke the powers under

Section 482 Cr.P.C in favour of the petitioner who has been

absconding all along. The extraordinary inherent jurisdiction, I

am satisfied, does not deserve to be invoked in favour of the

petitioner.

3. The petitioner can of course appear before the

learned Magistrate and pray for premature termination of

proceedings by invoking the powers of discharge under Section

239 Cr.P.C. That prayer has got to be considered by the learned

Magistrate. According to the petitioner, he has to leave for his

place of employment in November 2007. He, therefore, wants a

direction to be issued for expeditious disposal of the case.

4. The petitioner must first of all appear before the

learned Magistrate. He must apply for regular bail. His

application for regular bail, needless to say, must be considered

by the learned Magistrate, on merits, in accordance with law and

expeditiously as already been held in Alice George vs.Deputy

Superintendent of Police [2003(1)KLT 339]. Such application

must be disposed of on the date of surrender itself.

Crl.M.C.No.3056/07 3

5. Once the petitioner secures bail, the petitioner can

certainly make a request to the learned Magistrate to

expeditiously consider the petitioner’s claim for premature

termination of proceedings by discharge under Section 239

Cr.P.C. Needless to say, such prayer must also be considered by

the learned Magistrate expeditiously. I find no necessity to issue

any specific directions in favour of the petitioner who has not

chosen to appear before the learned Magistrate so far. If the

petitioner appears and makes an application, needless to say, the

learned Magistrate must consider the prayer for expeditious

disposal.

6. With the above observations, this Criminal

Miscellaneous Case is dismissed.

7. Hand over copy of this order to the learned counsel

for the petitioner for production before the learned Magistrate.




                                            (R.BASANT, JUDGE)
jsr

            // True Copy//     PA to Judge

Crl.M.C.No.3056/07    4

Crl.M.C.No.3056/07    5

       R.BASANT, J.




         CRL.M.CNo.




            ORDER




21ST DAY OF MAY2007