IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2986 of 2009() ------------------------------------ ST.1283/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY .................... PETITIONER/ACCUSED ---------------------------------- SMT.MINI,W/O.GUNASEKHARAN, AGED 41 YEARS,KALARIKKAL VEEDU, CHENGARA KARA,PATTIMATTOM, ERNAKULAM DISTRICT. BY ADV. MR.M.V.JOY RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. SASIDHARAN,S/O.PARAMESWARAN NAIR, KANIYATHU HOUSE,KUMMANADU KARA, PATTIMATTOM,ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, SESSIONS COURT,ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2986 of 2005 -------------------------- ORDER Petitioner is the accused in S.T.No.1283/2004 on the file of Judicial First Class Magistrate's Court, Kolenchery. Petitioner, through the counsel, filed Annexure-II petition under Section 205 of Code of Criminal Procedure to dispense with her presence in the case stating that counsel will appear on her behalf. Under Annexure-III order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order. 2. Learned counsel appearing for the petitioner was heard. 3. Annexure-II petition was filed by the counsel. Learned Magistrate dismissed the petition for the reason that petition was not filed by the accused and there is no undertaking by the accused that when she is not appearing, her counsel will CRMC 2986/09 2 appear on her behalf and that the evidence so recorded will not be challenged by her. If permanent exemption is to be granted, accused must undertake that she will not challenge the evidence recorded in her absence, either before that court or before the appellate or revisional court and evidence could be recorded treating the presence of her counsel as her presence. In the absence of a petition by the accused undertaking these facts, I find no reason to interfere with Annexure-III order. Petition is dismissed. Dismissal of the petition will not disentitle the petitioner to file a proper petition before the Magistrate for exemption under Section 205 of Code of Criminal Procedure. 14th September, 2009 (M.Sasidharan Nambiar, Judge) tkv