FASALU P.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above captioned Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure is as follows:

(2.) Sri.Santhosh Mathew, learned counsel appearing for the petitioner (A8) would submit on the basis of instructions from his party that leave may be granted to the petitioner to withdraw this petition filed under Section 482 of the Code of Criminal Procedure, with liberty to the petitioner to file a properly constituted application seeking discharge before the Sessions Court concerned and that this Court may direct the Sessions Court concerned to consider the said plea for discharge on merits and after hearing both sides, etc.

(3.) Liberty is accorded to the petitioner to work out his remedies in the manner known to law. Needless to say, if an accused like the petitioner in the instant case, invokes his statutory right to consider his plea for discharge, then the Sessions Court is obliged to consider such plea for discharge which is the statutory remedy conferred as to the provisions contained in Code of Criminal Procedure and after such due consideration and after affording reasonable opportunity of being heard to the petitioner/accused as well as the prosecution, will have to take a decision thereon considering the merits of the rival contentions.