IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.02.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.2627 of 2002 and M.P.No.1350 of 2002 1.Azad Rahim 2.K.K.Ranjith ...Petitioners -Vs- M/s.Raj Finlease Limited., represented by its Director Mr.Rajendra Chardia ...Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records and set aside the order of dismissal of application filed under Section 205 Cr.P.C in M.P.No.34 of 2002 in C.C.No.2845 of 2001 on the file of II Metropolitan Magistrate, Egmore, Chennai. For Petitioners : Mr.N.Rajavadivelu For Respondent : Mr.V.D.N.Kumanan Amicus Curaie O R D E R The petitioners seek to set aside the order in M.P.No.34 of 2002 in C.C.No.2845 of 2001 passed by the learned II Metropolitan Magistrate, Egmore, Chennai dated 03.01.2002. 2.By such petition, the petitioners herein who are functioning as Director and Principal of a College at Kerala had sought that their personal attendance before the lower Court be dispensed with and that they be permitted to be represented by counsel on special vakalat. The lower Court had dismissed such petition and hence, this Criminal Original Petition. 3.A perusal of the order under challenge shows that the lower Court has not applied its mind to the facts and circumstances surrounding the case and simply held that the reason stated by the petitioners that they are the correspondent and principal of a https://hcservices.ecourts.gov.in/hcservices/ College is not a ground for allowing the petition. Clearly, the lower Court has not so much as considered the fact that they are persons who are in employment in Kerala. On the ground of non- application of mind, the order of the lower Court is set aside. 4.From the records, it is seen that a report has been submitted by the lower Court informing the continuous absence of the complainant before it as the reason for being unable to dispose of the case inspite of the fact that there was no order of stay granted by this Court. The lower Court had informed that the matter was posted to 06.11.2009 and proper orders would be made if the complainant fail to appear on such date. It is now informed that a final notice has been issued by the lower Court to the complainant requiring his appearance on 26.03.2010. Thus, if the complaint case survives beyond such date, it will be open for the petitioners to move a fresh petition under Section 205 of the Criminal Procedure Code which shall be considered on merits by the lower Court. 5.Accordingly, the Criminal Original Petition is ordered. Consequently, the connected miscellaneous petition is closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar gm To The II Metropolitan Magistrate, Egmore, Chennai. Crl.O.P.No.2627 of 2002 and M.P.No.1350 of 2002 SA1(CO) https://hcservices.ecourts.gov.in/hcservices/