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ASHARAF, S/O.HAMSA, AGED 27 YEARS versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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ASHARAF, S/O.HAMSA, AGED 27 YEARS v. STATE OF KERALA, REPRESENTED BY - Crl MC No. 2036 of 2007 [2007] RD-KL 11221 (26 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2036 of 2007()

1. ASHARAF, S/O.HAMSA, AGED 27 YEARS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. SUB INSPECTOR OF POLICE,

For Petitioner :SRI.JOHNSON P.JOHN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :26/06/2007

O R D E R

R. BASANT, J.

Crl.M.C.NO. 2036 OF 2007

Dated this the 26th day of June, 2007

ORDER

The petitioner is one of the 20 accused persons who faced indictment in a prosecution, inter alia, under Secs.323 and 341 read with Sec.149 of the IPC. He was the 12th accused. The co-accused have already been tried, found not guilty and acquitted; but the petitioner was declared as absconding and the case against the petitioner along with another absconding accused was split up. The petitioner could not appear and therefore a warrant of arrest and proceedings under Secs.82 and 83 of the Cr.P.C. are all pending against the petitioner. Action against the sureties is also in progress. The petitioner, in these circumstances, has come before this Court for issue of directions under Sec.482 of the Cr.P.C. to quash the proceedings against him.

2. What are the reasons? The learned counsel for the Crl.M.C.NO. 2036 OF 2007 -: 2 :- petitioner submits that the matter has been settled and compounded by the victims. They have no surviving grievance. The co-accused have already been found not guilty and acquitted. In these circumstances, proceedings against the petitioner may be quashed, it is prayed.

3. Acquittal of the co-accused is by now itself no reason for an absconding co-accused to claim any benefit or privilege. Composition must be reported to the court competent to accept such composition. I am, in these circumstances, satisfied that it is not necessary to invoke the powers under Sec.482 of the Cr.P.C. The petitioner can appear through counsel before the court below. All offences alleged are bailable and are summons offences. He can apply for exemption under Sec.205 of the Cr.P.C. He can report to the learned Magistrate that the offences alleged have been compounded. He can argue before the learned Magistrate through his counsel that charge is not liable to be framed for any non-compoundable offences. If the learned Magistrate feels that these contentions can be accepted on the facts and circumstances of this case, I am certainly of opinion that the learned Magistrate should not unnecessarily insist on the personal appearance of the accused and can Crl.M.C.NO. 2036 OF 2007 -: 3 :- proceed to dispose of the case on merits after accepting composition. The petitioner can apply for discharge for the non- compoundable offences after so appearing through counsel.

4. With the above observations, this Crl.M.C. is dismissed. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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