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. 845 of 2010() ------------------------ CMP.NO.450/2010 IN LP NO.215/2009 (ST.NO.418/2009) JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- VASUDEVAN, S/O.CHERIYATHAN, AGED 42 YEARS, VATTAPARAMB VEEDU, MUTHUVALLOOR P.O. KUNDOTTI AMSOM, DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.845 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER Petitioner, who is the accused in Crime No.348/2008 of the City Traffic Police Station, Kozhikkode, for an offence punishable under Section 279 of IPC and which was pending before the J.F.C.M Court-IV, Kozhikkode as S.T.No.418/2008 and subsequently transfered to the long pending case as L.P.No.215/2009, challenges Annexure A5 order dated 22.1.2010 passed by the learned Magistrate dismissing the petition filed by the petitioner's counsel for advancing the case to that day and seeking permission to plead guilty. The reason given for dismissing the application is that the counsel had filed only a memo of appearance instead of Vakkalath. But according to the petitioner, since he is working abroad it is not easy for him to execute Vakkalath in favour of his counsel. The court should not have been too technical in the matter. Annexure A5 is accordingly set aside and the counsel for the petitioner shall be permitted to plead guilty and the case shall be disposed of accordingly. V.RAMKUMAR, JUDGE dmb