O R D E R
This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 203/2018 on the file of the Chief Judicial Magistrate Court, Alappuzha arising from Crime No.1118/2017 of Alappuzha North Police Station. As per the e- court service website, the case is now in the long pending register and it is pending as LP No. 79/2018.
2. I am of the considered opinion that a person, who is absconding is not entitled any discretionary relief from this Court. Therefore, the petitioner has to surrender before the jurisdictional court and file a discharge petition. The counsel for the petitioner submitted that the petitioner is ready to surrender before the jurisdictional court. In the light of the above submission, this Criminal Miscellaneous case can be
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disposed of. Therefore, this Criminal Miscellaneous case is disposed of with the following directions :
1) The petitioner shall surrender before the Jurisdictional Court within thirty days from the date of receipt of a certified copy of this order.
2) The petitioner is free to file a bail application before the jurisdictional court and if such a bail application is filed, the learned Magistrate will release the petitioner on bail, after imposing conditions in accordance with law.
3) The petitioner is free to file a discharge petition, if the charge is not framed before the jurisdictional court and if such a discharge petition is filed, the jurisdictional court will consider the same, in accordance with law.
4) All the contentions raised by the petitioner in this Crl.M.C. are left open and the petitioner is free to agitate the same before the trial court
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5) if the petitioner has not surrendered before the court concerned within thirty days, the learned Magistrate is free to proceed in accordance with law.
6) The Registry will forward a copy of this order to the jurisdictional court, forthwith.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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APPENDIX OF CRL.MC 6138/2018
PETITIONER ANNEXURES
ANNEXURE P1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.
NO. 203/2018 ON THE FILE OF CHIEF JUDICIAL
MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE P2 TRUE COPY OF THE APPOINTMENT LETTER DATED
1.3.2017 ISSUED BY RATIONALIST
INTERNATIONAL, FINLAND TO THE DEFACTO
COMPLAINANT.
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