IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2656 of 2008() ------------------------- CMP.1270 /2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER/ACCUSED: --------------------------------- MOHAMMED NAVAZ B, S/O. ABDUAL RAHIM AGED 24 YEARS, RESIDING AT BACHIKKANTAVIDA HOUSE, CHOVVA P.O. KANNATHOMCHAL, KANNUT DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS/COMPLAINANT: ------------------------------------------- 1. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, A/W. CRMC 2660 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2656 & 2660 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 O R D E R The common petitioner in these petitions faces allegations in two separate prosecutions, both under Section 379 I.P.C. Cognizance has been taken and summons was issued to the petitioner. He has entered appearance. The petitioner has subsequently secured employment abroad. He therefore applied before the learned Magistrate for exemption from personal appearance. Trial has not commenced. The learned Magistrate allowed the said petitions by the impugned orders, which read as follows: “Allowed on production of VISA and certified copy of passport of the accused.” “Allowed on production of employment details, such as VISA copy” 2. The petitioner must have produced the said documents before the learned Magistrate According to the petitioner he has produced copy of the passport and copy of on line VISA issued Crl.M.C.Nos. 2656 & 2660 of 2008 2 to him. The learned Magistrate was not satisfied and he has insisted on production of the original of the VISA on hard paper. The petitioner has not received the same. In these circumstances the petitioner is not able to produce the same. 3. It is for the petitioner to approach the learned Magistrate and file a detailed statement producing the documents as directed and explaining why he is not able to produce such other documents which the Magistrate appears to be demanding. The learned Magistrate must consider the plight of the petitioner and pass appropriate orders expeditiously. All relevant circumstances must be considered and a decision taken by the learned Magistrate. If the petitioner is aggrieved by such order, needless to say the avenues of challenge shall remain unfettered. 4. These petitions are accordingly dismissed with the above observations. 5. Hand over the order. (R. BASANT) Judge tm