IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.MC.No. 126 of 2010() ------------------------ CRL.MISC. PETITION NO.7182/2009 IN CC.319/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER/PETITIONER/IST ACCUSED ---------------------------------------------------------- KABEER, S/O.MAJEED, SAFIYA MANZIL, MAMALAMUKKU, ALATHUR, PALAKKAD DISTRICT. BY ADV. MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN RESPONDENT/STATE ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.126 OF 2010 ------------------------------------------ Dated 14th January 2010 O R D E R Petitioner is the first accused in C.C.319/2009 on the file of Judicial First Class Magistrate, Alathur. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-II order passed by the Magistrate on the petition filed under Section 205 of Code of Criminal Procedure. Learned Magistrate dismissed the petition on the ground that no sufficient reason was shown and accused did not even appear. 2. Learned counsel appearing for the petitioner submitted that petitioner is employed in foreign country and therefore he did not appear. If an accused is to be Crmc 126/10 2 exempted under Section 205 of Code of Criminal Procedure, it is for the accused to apply stating that evidence could be recorded in the case in his absence, treating the presence of his counsel as his presence. Annexure-I does not contain any such averment and in any case, it is not for the counsel to apply, but for the party. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.