IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Crl.MC.No. 1290 of 2007() ------------------------------------- ST.NO.411/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED ----------------------------------------- K.K.IBRAHIM, S/O. LATE KUNJUMOIDEEN, KARUKAPADATH HOUSE, POOTHOLE, THRISSUR. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR RESPONDENT(S): RESPONDENT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1290/2007 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE CHARGE IN S.T.NO.2305/2004 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KODUNGALLUR.(IT IS TRANSFERRED TO THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, IRINJALAKUDA AND RE-NUMBERED AS S.T.NO.411/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, IRINJALAKUDA AS IS EVIDENCED BY THE ENDORSEMENT IN ANNEXURE-1) ANNEX II COPY OF THE EXPLANATION OFFERED BY THE PETITIONER DATED 17/7/2004. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.1290 of 2007 ---------------------------------------------------- Dated this the 7th day of December, 2011 Order The petitioner is the accused in ST Case No.411/2005 which is now pending before JFCM Court, Irinjalakuda. The petitioner, a police officer- was a witness (C.W.12) in CC No.570 of 1998 on the file of JFCM Court, Kodungallur. The above case was posted to 13.1.2004 for the examination of the petitioner. On that day he was absent. Thereafter the case underwent several adjournments. Because of his absence, the case had to be adjourned again and again. The learned Magistrate was therefore compelled to take action against the petitioner under Section 29 r/w 41 of the Kerala Police Act (old act). The learned Magistrate took cognizance of the case against the petitioner as M.C.No.205 of 2004. Later, the case was converted as ST Case No.2305 of 2004. The case was thereafter transferred to JFCM Court, Irinjalakuda where it was numbered as ST Case No.411 of 2005. 2. The learned counsel for the petitioner submits that there was no wilful disobedience of the order of the court but only because he was engaged in law and order duty, he could not appear in court. If the non-appearance was only on one or two Crl.M.C.No.1290/2007 2 occasions, the learned Magistrate could have accepted it. But it is seen that he was consecutively absent and thus invited the action from the learned Magistrate. I do not find anything wrong in the action taken by the learned Magistrate since such coercive steps are actually necessary to enforce the order of the court against such indifferent officers. The learned counsel for the petitioner submits that the petitioner has actually realised the folly. The learned counsel also submitted that the petitioner now tenders unconditional apology to the Magistrate. Accordingly, he appeared before the court today and filed an affidavit tendering apology. It is submitted by the learned counsel for the petitioner that the petitioner has two years of service and so unless further proceedings is dropped, his service/career would be affected. Considering all the aspects, accepting the affidavit and the apology tendered by the petitioner, the further proceedings in ST Case No.411 of 2005 on the file of JFCM Court, Irinjalakuda is allowed to be dropped. The Crl.M.C. is allowed as above. The learned Magistrate will take the case off the file of that court. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.No.1290/2007 3 Crl.M.C.No.1290/2007 4