IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.MC.No. 3888 of 2009() ------------------------- AGAINST THE ORDER DATED 30/07/2009 IN CRMP.1453/2009 IN CC.531/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S):PETITIONER- IST ACCUSED: ------------------------------------------------------------------ MOHANAN, S/O.LATE MADHAVAN, POOZHIKUNNATH VEEDU, CHALISSERY POST, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI, MR.R.SREEHARI. RESPONDENT(S): RESPONDENT-CUM-PLAINANT & STATE: --------------------------------------------------------------------------------------- 1. SATHI, D/O.LAKSHMI, KOTTILANGAL, VALAPPIL VEEDU, CHAZHIYATTIRI POST, THIRUMITTAKOD PANCHAYATH. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ---------------------------------------- Crl.M.C.No.3888 of 2009 ---------------------------------------- Dated this the 16th day of December, 2009 ORDER Petitioner the accused in C.C.531/2006 filed Annexure-A3 petition under Section 205 of Code of Criminal Procedure seeking exemption from appearance contending that petitioner has to go abroad for employment. By Annexure-A4 order, learned Magistrate dismissed the petition finding that petitioner who was directed to pay maintenance at the rate of Rs.3,500/- per month by Family Court did not pay that amount and in such circumstances, petitioner is not entitled the discretionary relief. Petition is filed under Section 482 of the Criminal Procedure Code to quash Annexure-A4 order and to grant permanent exemption. 2. Learned counsel appearing for the petitioner was heard. 3. In Annexure-A2 petition, though petitioner sought permanent exemption contain an undertaking that petitioner would not question the pleading recorded on his behalf by his counsel, did not undertake that evidence could be recorded in his : 2 : absence, treating presence of his counsel as his presence and that he will not challenge the evidence so recorded either before the said court or appellate court or revisional court. In such circumstances, I find no reason to interfere with Annexure-A4 order as permanent exemption cannot be granted to the petitioner. The petitioner is facing trial for offences under Section 494, 109, 114 read with Section 34 IPC. As the case is pending before the court for the last several years, Judicial First Class Magistrate Court, Pattambi, is directed to dispose the case, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order. M.S.SASIDHARAN NAMBIAR, JUDGE cms