IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 410 of 2010() ------------------------ AGAINST THE ORDER DATED 12/1/2010 IN CMP 167/2010 IN CC.764/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER: PETITIONER/1ST ACCUSED. -------------------------------------- ABDUL RAUF POOMANGALORKATHU, S/O.KASIM MAMMU CHELANTAKATH, POOMANGALAORAKATH HOUSE, CHAPPARAPADAVU P.O., KANNUR DISTRICT NOW RESIDING AT EMIRATES TAXI LLC, PO BOX 7111. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.410 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER The petitioner, who was the first accused in C.C.No.764 of 2006 on the file of the Judicial Magistrate of the First Class, Thaliparamba which was a prosecution for offences punishable under Sections 498 A and 506(1) read with Section 34 I.P.C. on a private complaint filed by the petitioner's wife Nabeesa, faced trial till the stage of examination under Section 313 Code of Criminal Procedure. Since the petitioner, by virtue of his employment abroad, was compelled to leave the station, he filed C.M.P.No.167/2010 under Section 205 Code of Criminal Procedure for personal exemption. The said application was dismissed on 12/1/2010 as per Annexure A2 order. Thereafter the petitioner did not appear in that case resulting in the learned Magistrate issuing non-bailable warrants of arrest. In the meanwhile, the trial of C.C.No.764/2006 proceeded with the other accused persons and ended in an order of acquittal on 18/1/2010. 2. The prayer in this petition herein is to quash Annexure A2 order dated 12/1/2010 passed in Crl.M.C.No.410/2010 : 2 : C.C.No.764/2006. It is not necessary to quash the said order since after the dismissal of the application for personal exemption filed by the petitioner the case against him was split up and re-filed as C.C.No.50/2010. The petitioner has to face the trial in C.C.No.50/2010. By virtue of his employment abroad, I am inclined to permit him to face trial, in absentia. Accordingly, this Criminal M.C.No.410/2010 is disposed of directing the Magistrate to treat the trial of C.C.No.764/2006 as valid as against the petitioner till the stage of his abscondance and then to continue the trial from that stage in C.C.No.50/2010 in which case the petitioner shall be permitted to file an application through his counsel for personal exemption, incorporating appropriate averments. In case, the petitioner files such an application within ten days from today, his personal appearance shall not be insisted in C.C.No.50/2010 unless it is inevitable to do so. V.RAMKUMAR, JUDGE skj