IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 4110 of 2010() -------------------------------------- CC.967/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONER/IST ACCUSED --------------------------------------- SEBY PAUL, S/O.POULOSE, MANIKKATHUPARAMBIL, VENNOOR, MELADOOR P.O. BY ADV. SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. FOOD INSPECTOR, CHALAKKUDY MUNICIPALITY, PIN-680 307. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4110 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R Petitioner, the first accused in C.C.508/2005 on the file of Judicial First Class Magistrate's Court, Chalakudy was tried by the learned Magistrate along with the second accused. Case was posted for judgment to 4/8/2010. As petitioner failed to appear, bail granted was cancelled and non bailable warrant was issued. Case was posted to 30/8/2010. As seen from Annexure-B proceeding papers, presence of the petitioner could not be procured and learned Magistrate pronounced the judgment acquitting the second accused and convicting first accused for the offence under Section 2(ia)2(1x)91)(k)7(i)(ii)v Crmc 4110/10 2 read with Section 16(1)(a) of P.F.A.Act. The case was posted to 15/10/2010 for return of non bailable warrant. M.C.140/2010 was initiated under Section 446 of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to re-call the non bailable warrant and for a direction to learned Magistrate to pronounce the sentence on the date of his surrender itself. 2. Learned counsel appearing for the petitioner was heard. 3. If non bailable warrant is to be cancelled, petitioner has to file an application before the learned Magistrate showing proper reasons for his absence. If such an application is filed, it is for the learned Magistrate to consider the same and pass Crmc 4110/10 3 appropriate orders. Petitioner absconded when the case was posted for judgment. Learned Magistrate in his absence pronounced the judgment. When the presence of the petitioner is procured, either by arrest or when petitioner voluntarily appears, learned Magistrate has to pass the sentence without delay. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.