IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4298 of 2008() ------------------------- C.C.NO.1824/08 OF J.F.C.M-I, ERNAKULAM CRIME NO.355/1985 OF TRAFFIC POLICE STATION, ERNAKULAM PETITIONER(S): ACCUSED --------------- A.P.KOMALAN , AGED 48 YEARS S/O. PADMANABHAN, A.D. PURAM, THOPPUMPADI KOCHI-5 BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S): --------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME 355/1985 OF CITY TRAFFIC POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4298 of 2008 ------------------------------------- Dated this the 11th day of November, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable under Sections 279 and 332 I.P.C. The alleged offence occurred in 1985. Crime was registered in 1985. Final report was filed and cognizance was taken. Thereafter consequent to non appearance of the petitioner, the case against him was split up and transferred to the list of Long Pending Cases. The petitioner has now surrendered before the learned Magistrate. The case has been recalled and has been registered as C.C.No.1824 of 2008. 2. The petitioner is employed abroad. The short prayer made is that the case against him may be disposed of expeditiously. Alternatively it is prayed that the petitioner who has to go back his place of employment abroad as he is likely to lose his employment if he does not, may be permitted to be represented by his counsel. 3. The prayer of the petitioner appears to me to be reasonable and legitimate. His prayer for expeditious disposal Crl.M.C. No.4298 of 2008 2 must be considered favourably and sympathetically by the court below. He can make an appropriate application. If expeditious disposal is not possible, the petitioner can apply for exemption from personal appearance. The learned Magistrate must consider such application and pass appropriate orders. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that the learned Magistrate must attempt to expeditiously dispose of the case against the petitioner and if that is not possible, the learned Magistrate must consider the petitioner's application to be filed for exemption from personal appearance and to be represented by his counsel subject of course to the directions of the court to him to appear personally whenever such personal appearance is absolutely essential. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-