IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.MC.No. 3361 of 2009 --------------------------------------- CC.147/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER/ACCUSED: KATHIRI CHEMBRA, S/O ABDURAHIMAN, AGED 31, CHEMBRA HOUSE, VADIKKAL, PARAPPANPOYIL, RAROTH AMSOM, KOZHIKODE DISTRICT. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3361 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.147/2008 on the file of Judicial First Class Magistrate's Court-I, Thamarassery, taken cognizance for the offences under Sections 341, 323 and 324 of Indian Penal Code on the final report submitted by Sub Inspector of Police, Thamarassery. On a petition filed under Section 205 of Code of Criminal Procedure, presence of the petitioner was dispensed with. Petitioner filed Crl.M.P.No.1620/2009 for permission to plead not guilty through his counsel. Under Annexure-A3 order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order. 2. Learned Public Prosecutor was heard. 3. I find no justification in rejecting the petition filed by the petitioner for permission to CRMC 3361/09 2 plead not guilty through his counsel, in view of the decision of the Apex Court in M/s.Bhaskar Industries Ltd. v. M/s. Bhiwani Denim and Apparels Ltd. (AIR 2001 SC 3625). To enable the petitioner to plead not guilty, there is no necessity to insist for the presence of the accused. Petition is disposed quashing Annexure-A3 order. Petitioner is permitted to plead not guilty through the counsel. 19th October, 2009 (M.Sasidharan Nambiar, Judge) tkv