IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.MC.No. 2756 of 2009() ------------------------------------ CC.1355/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KARUNAGAPPALLY .................... PETITIONER/ACCUSED --------------------------------- K.BABU, MANNASSERIL THEKKATHIL, CHAVARA P.O., PANMANA, KOLLAM NOW RESIDING AT KISALAYA, THOTTINUVADAKKUM MURI, CHAVARA VILLAGE.(FIELD OFFICER, GOVERNMENT GOAT FARM, PARASUVAICKAL P.O., PARASSALA). BY ADV. MR. K.SIJU MR.PRATHEESH.P RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. MOHANDAS, AGED 45 YEARS, OAM NIVAS, CHERUSSERI BHAGAM MURI, CHAVARA P.O., CHAVARA VILLAGE, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2756 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioner was an absconding accused in C.C.1355/2003, which was subsequently transferred to the register of long pending cases as L.P.182/2008 on the file of Judicial First Class Magistrate, Karunagappally. As the non bailable warrant issued against the petitioner was not effectively executed, Magistrate issued Annexure-I communication to the Secretary, Animal Husbandary Department where petitioner is working to relieve him, so that he would appear before the Magistrate. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I order contending that subsequently petitioner appeared before the learned Magistrate through a counsel and the non bailable warrant and steps initiated under Sections 82 and 83 of Code of Criminal Procedure were withdrawn and in such circumstances, Annexure-I order is to be quashed. Learned counsel also submitted that learned Magistrate CRMC 2756/09 2 has no jurisdiction to direct the Secretary of Animal Husbandary to relieve the petitioner. Evidently, Magistrate issued Annexure-I communication as presence of the petitioner could not be procured, even after issuing non bailable warrant. I do not find it necessary to consider the validity of the order in this petition, in view of the submission that petitioner appeared through a counsel and non bailable warrant and steps initiated under Sections 82 and 83 were withdrawn. Petition is disposed in the circumstances of the case, directing the Judicial First Class Magistrate, Karunagappally to withdraw Annexure-I intimation immediately. M.SASIDHARAN NAMBIAR, JUDGE. uj.