IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 2241 of 2005() ------------------------- AGAINST THE ORDER DATED 01/06/2005 IN CRMP.2189 & 2190/05 IN CC.492/2000 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER(S)/ CW2: --------------- ASHA SUNIL, W/O. SUNIL KUMAR, AGED 32 YEARS (WORKING IN FEDERAL BANK MUMBAI), VALLAYIL HOUSE, COCHIN PALACE P.O.,THRIPUNITHURA. BY ADV. SRI.V.SAJEEV KUMAR RESPONDENT(S)/COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.9269/05 IN CRL.M.C.2241/05 DISMISSED 7/6/10 SD/-M.SASIDHARAN NAMBIAR,JUDGE. //True copy// PA to Judge. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.2241 OF 2005 --------------------------------------------- Dated 7th June 2010 O R D E R Petitioner was CW2 in C.C.492/2000 on the file of Chief Judicial Magistrate, Palakkad. When non bailable warrant was issued against him for his failure to appear on the date posted for recording the evidence, through the counsel, petitioner filed a petition to re-call the warrant stating that he did not receive any notice or summons to appear before the court. Learned Magistrate dismissed the petition on the ground that non bailable warrant is pending and petitioner did not appear. It is challenged in this petition filed under Section 482 of Code of Criminal Procedure. CRMC 2241/05 2 2. Petition to stay coercive steps as against petitioner was ordered on the date of admission on 27/2/2002. As petition has been pending here for the last five years, registry was directed to contact the Chief Judicial Magistrate, Palakkad to find out whether case is pending or disposed. It is reported that case was disposed by acquitting the accused under Section 248(1) of Code of Criminal Procedure on 8/1/2008. In such circumstances, there is no necessity for examination of the petitioner or to execute the non bailable warrant. Petition is allowed. Order issuing non bailable warrant as against the petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.