IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.MC.No. 2342 of 2009() ------------------------------------ ST.1817/2006 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- JOSE, PROPRIETOR, MARIAL FUELS, KANNATHUKUZHY HOUSE, P.O.PULLAZHY, THRISSUR-680012. BY ADV. MR.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. ANWAR, S/O. ABDULKHADER, KODENCHERRY HOUSE, P.O.MANNUTHY, THRISSUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.VINOD B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2342 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of July, 2009 O R D E R Petitioner the accused in ST No.1817/06 on the file of Judicial First Class Magistrate Court-III, Thrissur has filed this petition under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to receive the application filed by him under Section 205 of Code of Criminal Procedure. Annexure A2 application is filed stating that it was presented, but not received. Annexure A2 petition does not show whether the exemption was sought for that day or till the closing of the case. In such circumstances, even if that application was not received, Magistrate cannot find fault with. If the petitioner files a proper application under Section 205 of Code of Criminal Procedure the learned Magistrate shall necessarily consider the same and pass orders in accordance with law. Petition is disposed of. M. SASIDHARAN NAMBIAR, JUDGE ttb