IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 CRL.REF.No. 6 of 2010() ----------------------- SC.599/2005 of SUB COURT, PAYYANNUR CP.130/2004 of J.M.F.C.,PAYYANNUR .................... SUO MOTU PARTIES --------------- 1. PARVEES, S/O.ABDUL SALAM, 23/04, RAMANTHALI 2. SHABEER, S/O.HAMEED, 24/04, RAMANTHALI 3. USMAN, S/O.MUHAMMED KUNHI, 27/04, RAMANTHALI 4. FAROOQUE, S/O.MUHAMMED KUNHI, 24/04, RAMANTHALI 5. AMEEN, S/O.RAMLA, AGE 20/04, RAMANTHALI 6. ABID, S/O.MUHAMMED, AGE 24/04, RAMANTHALI AMSOM VADAKUMBAD 7. S.H.O, PAYYANNUR POLICE STATION BY PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.Ref. No.6 of 2010 -------------------------------------- Dated this the 8th day of June, 2010 ORDER Perused the lower court records including the report dated 22.2.2010 of the Sessions Judge, Thalassery. The order dated 30.9.2004 passed by the J.F.C.M Court, Payyannur in C.P.No.130/2004 committing all the seven accused persons for trial to the Court of Session in Crime No.359/2004 of Payyannur Police Station without noticing the fact that A4 and A5 were absconding, is bad in law. With regard to the absconding accused, the learned Magistrate should have spit up the case and should have committed only those accused persons who had actually appeared before him or were produced before him as provided under Section 209 Cr.P.C. The committal order is accordingly set aside and the matter is remitted to the J.F.C.M Court, Payyannur for disposal of C.P.No.130/2004 afresh in accordance with law. This Criminal Reference is answered accordingly. V.RAMKUMAR, JUDGE dmb