IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 3362 of 2004() ------------------------- CC.625/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER: ------------ SUNIL KUMAR, AGED 39 YEARS, S/O.RAGHAVAN PILLAI, KARIGA\EDATHU THEKKETHIL, THONNALLUR PANDALAM, ADDOR TALUK. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENTS: ------------- STATE OF KERALA, REP. BY SUB INSPEPCPTOR OF POLICE, PANDALAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- CRL.M.C.No.3362 of 2004 ---------------------------------------------- Dated, 13th February, 2008 ORDER This is a petition filed by the accused in crime No.179/2001 of Pandalam Police Station on the basis of which C.C.No.625/2001 instituted before the Judicial First Class Magistrate's Court, Adoor. The prayer in the petition is for a direction that in case the petitioner is arrested in connection with the above case, the petitioner may be given all facilities provided under section 437 Cr. P.C. and thereby render justice to him. 2. It appears that the above Crl.M.C. was filed on 7- 12-2004 and thereafter the matter has been posted for admission on several occasions and the same was adjourned as there was no representation. Even though there were several orders to post when moved again, almost on all occasions the counsel for the petitioner was absent and hence the matter had to be adjourned time and again. Today also, when the matter was taken for CRMC 3362/04 -:2:- consideration, the counsel for the petitioner is absent and nobody interested in prosecuting this Crl.M.C. 3. Even going by the prayer in the Crl.M.C., it appears that Crl.M.C. based on such prayer is not sustainable in this Court. The prayer itself is vague. Though the crime is related to the year 2001 and final report was filed thereon and cognizance was taken on the basis of the above report and case instituted, at this point of time, this Court is not in a position to know the present position of the above case as to whether it is pending or the same was disposed of. In the light of the above facts and circumstances, this Crl.M.C. is dismissed for non prosecution and default. V.K.MOHANAN, JUDGE. kvm/- CRMC 3362/04 -:3:- V.K.MOHANAN, J. No.... Judgment/Order Dated: CRMC 3362/04 -:4:-