IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Crl.MC.No. 4412 of 2010() ------------------------------------ ( IN C.M.P.NO. 2048/2010 IN CC.861/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER(S): ACCUSED -------------------------------------- K.ABOOBACKER, S/O.KUNHAMOOTY, AGED 50 YEARS, SREEKANDAPURAM, KANNUR DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4412 OF 2010 --------------------------------------------- Dated 30th November, 2010 O R D E R Petitioner is the accused in C.C.861/2008 on the file of Judicial First Class Magistrate's Court, Thaliparamba. He was originally third accused. When he was absconding, the other accused were tried and acquitted as submitted by the learned Public Prosecutor. Petitioner filed C.M.P.2048/2010 under Section 205 of Code of Criminal Procedure seeking permission to dispense with his personal appearance. Annexure-A1 application shows that all necessary averments are pleaded in the petition. By Annexure-A2 order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code Crmc 4412/10 2 of Criminal Procedure to quash the proceedings. 2. In view of the fact that accused 1 and 2 were already acquitted and offence alleged is not a cognizable offence, I do not find any valid reason for the Magistrate not to refuse the permission sought for in Annexure-A1 petition. Petition is allowed. Annexure-A2 order is set aside. Judicial First Class Magistrate, Thaliparamba is directed to grant permission sought for under Section 205 of Code of Criminal Procedure in Annexure-A1 petition. M.SASIDHARAN NAMBIAR, JUDGE. uj.