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Judgment
11 paragraphs · 213 wordsThis Criminal Miscellaneous Case is filed under Section 482 of Criminal Procedure Code was heard through Video Conference.
This Crl.Miscellaneous Case is filed to quash the entire proceedings against the petitioner in S.C.No.128 of 2020 pending before the Additional
District and Sessions Judge-II, Manjeri. The petitioner is the accused in the above case. The above case is chargesheeted by the Changaramkulam
Police against the petitioner and others alleging offences punishable under Sections 365, 343, 323, 324, 506(I), 120B and 395 IPC.
After arguing for some time, the counsel for the petitioner submitted that he may be allowed to file a discharge petition before the trial court. The
counsel submitted that the petitioner is on bail and he may be allowed to file discharge petition through a counsel.
The Public Prosecutor submitted that the prosecution has no objection in filing a discharge petition because he is entitled to file such an application
as per the Criminal Procedure Code.
Therefore, this Crl.M.C is disposed of allowing the petitioner to file an application for discharge and the lower court will consider the same in
accordance with law. I make it clear that the lower court shall not insist the personal presence of the petitioner while considering the application for
discharge petition.