IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2402 of 2010() ------------------------- PETITIONER: --------------- R.JAYALEKHSMI,T.C.28/1213, RAVIVARMA SADANAM, SREEKANDESWARAM, FORT P.O., THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE THIRUVANANTHAPURAM TALUK TAXI DRIVERS CO-OPERATIVE SOCIETIES LTD.NO.T.723, THIRUVANANTHAPURAM-695023. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2402 of 2010 -------------------------------------- Dated this the 9th day of July, 2010 ORDER Petitioner who is a woman is the accused in S.T.No.991/2006 on the file of the Judicial Magistrate of the First Class-VIII, Thiruvananthapuram and presently her case stands transferred to the Register of long pending cases as L.P.No.100/2009. The petitioner filed an application under Section 205 of Code of Criminal Procedure for personal exemption. Since the petition was filed by her counsel unaccompanied by any affidavit of the petitioner the learned Magistrate returned the petition requesting the counsel to file appropriate application and also insisted on the personal appearance of the petitioner who was a proclaimed offender. Petitioner challenges the order returning the application. 2. Admittedly the application filed by the petitioner's counsel was not accompanied by any affidavit of the petitioner. Therefore the Magistrate cannot be faulted for returning the petition. This Criminal M.C. is dismissed without prejudice to the right of the petitioner to apply under Crl.M.C.No.2402/2010 : 2 : Section 205 Code of Criminal Procedure by filing an appropriate petition. In case such an application is filed, the learned Magistrate shall not insist on the personal appearance of the petitioner unless it is inevitable at any subsequent stage of the trial. V.RAMKUMAR, JUDGE skj