IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1878 of 2009 ---------------------------------- LP.NO.6/2005 (S.T.NO.11/04) OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. .................... PETITIONER/ ACCUSED: ----------------------------------- ANANDAN, S/O.KUTTY, AGED 49 YEARS, A.S.NIVAS, POTHAPPALLY SOUTH, KUMARAPURAM VILLAGE, ALEPPEY DISTRICT, NOW WORKING AT P.B.NO.94, SALALA HAFA, SULTANATE OF OMAN. BY ADV. MR.B.RENJITHKUMAR. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.D.GEORGE, S/O.P.S.DANIEL, AGED 53 YEARS, PUTHENVILATIL HOUSE, VAZHAMUTTAM EAST P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DIST. 3. P.S.DANIEL, AGED 76 YEARS, S/O.SKARIA, PUTHENVILTIL HOUSE, VAZHAMUTTAM EAST P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DIST. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 1878/2009: ORDER ON CRL.M.A. NO. 3114/2009 IN CRL.M.C. NO. 1878/2009 DISMISSED 09/06/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1878 OF 2009 ------------------------------------------ Dated 9th June 2009 O R D E R Petitioner is accused in S.T.11/2004 on the file of Chief Judicial Magistrate, Pathanamthitta. As he was absconding, case was transferred to the register of long pending cases and assigned number L.P.6/2005. Petitioner is in Gulf. This petition is filed under Section 482 of Code of Criminal Procedure to re-call the warrant issued in L.P.6/2005 and to allow petitioner to defend the case without his personal appearance. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. When a non bailable warrant is issued against the petitioner, it is for him to file application to re-call the warrant before that court. So also, if the petitioner is to be permitted to contest the case without his personal appearance, petitioner has to file proper application as provided under Section 205 of Code of Criminal Procedure before the learned CRMC 1878/2009 2 Magistrate. He is not entitled to approach this court for the said relief. Petitioner is at liberty to move the learned Magistrate for re-calling the warrant and also to permit him to defend the case as provided under Section 205 of Code of Criminal Procedure. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.