IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4719 of 2010() -------------------------------------- CMP.NO.1479/2010 IN ST NO.1363/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT IV, NEDUMANGAD ...... PETITIONER(S): ACCUSED: ----------------------------------------- SUCHITHRA R.BABU, W/O.RAJENDRA BABU, AGED 36 YEARS, “PRABHATHAM”, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.MANOJ P.KUNJACHAN RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. PREMNATH P., “ASWATHY”, KIZHAKKE BANGLAVIL, NEDUMANGAD - 682 509. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4719 OF 2010 --------------------------------------------- Dated 1st December, 2010 O R D E R Accused in S.T.1363/2006 on the file of Judicial First Class Magistrate's Court-IV, Nedumangadu filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-B, said to be the copy of the order in C.M.P.1479/2010 filed by the petitioner under Section 311 of Code of Criminal Procedure and for further direction to the Magistrate to issue certified copy of the order in S.T.1363/2006 which according to the petitioner was applied for on 29/11/2010. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submitted Crmc 4719/10 2 that by Annexure-A order petition filed under Section 311 of Code of Criminal Procedure was allowed on payment of cost of Rs.500/- to the complainant and evidence was re-opened and complainant was directed to appear on 29/11/2010 and on 29/11/2010 neither the complainant nor the counsel were present and in such circumstances, cost could not be paid. Consequently petition which was allowed by Annexure-A order was dismissed by Annexure-B order. Annexure-B order does not show that either the counsel for the petitioner was present or the counsel for the complainant was absent. In such circumstances, petition is disposed directing Judicial First Class Magistrate-IV, Nedumangad to issue copy of C.M.P.1479/2010 immediately, at any rate, Crmc 4719/10 3 within seven days from today. Issue a copy to the petitioner. Learned Magistrate is directed not to pronounce the judgment for ten days. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 4719/10 4