IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 5044 of 2010 --------------------------------------- AGAINST THE ORDER DATED 30/09/2010 IN CMP.319/2010 IN ST.158/2009 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... PETITIONER/ACCUSED: ASHOKAN C, S/O.CHELLAPPAN RESIDING AT ASWATHY BHAVAN, PUTHUKKAD PO, CHAVARA, KOLLAM. BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS/STATE/COMPLAINANT: 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SATHYAN, S/O.MADHAVAN SOUPARNAM 92/A ,SREE BHADRA NAGAR ULIYAKKOVIL PO,KOLLAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5044 of 2010 -------------------------- ORDER Petitioner filed C.M.P.No.319/2010 in S.T.No. 158/2009 before Judicial First Class Magistrate's Court-III, Kollam under Section 205 of Code of Criminal Procedure. Learned Magistrate, by Annexure-A3 order, dismissed the petition on 30.9.2010, as there was no representation for the petitioner and also for the reason that no copy was served. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order and to allow the petition filed under Section 205 of Code of Criminal Procedure. 2. Annexure-A3 order shows that the said petition was dismissed as there was no representation. Learned Magistrate did not consider the application on merits. In such circumstances, petitioner is granted permission to file a proper petition under Section 205 of Code of Criminal Procedure. If such a petition is filed, learned Magistrate to consider the same on merits and pass appropriate order in accordance with law. Petition is disposed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv