IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Crl.MC.No. 4023 of 2010() ------------------------- CC.3642/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED: ----------------------------------------- SHAJU THOMAS, PUTHENANGADY HOUSE, NAZARETH ROAD, ALUVA. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.J.ABRAHAM, PUTHUSSERY HOUSE, MEKKAD P.O., ANGAMALY (VIA), ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4023 of 2010 -------------------------- ORDER Petitioner, the accused in C.C.No.3642/2007 on the file of Judicial First Class Magistrate's Court-I, Aluva, filed this petition to quash the passed order in Annexure-A1 application filed by his counsel to recall the non bailable warrant. The counsel has stated that though permission was granted under Section 205 of Code of Criminal Procedure to the petitioner, the counsel could not appear on 28.5.2010 and he had entrusted another counsel to represent, but, due to a mistake he could not make representation, as he was waiting in another court and in such circumstances, the non bailable warrant issued is to be recalled. Annexure-A1 application does not show the order passed by the learned Magistrate. According to the petitioner, application was dismissed without showing any reason. This petition is filed CRMC 4023/10 2 challenging that order. 2. When a non bailable warrant is issued, it is for the party to file an application to recall the same. Petitioner is at liberty file an application to recall the non bailable warrant before the learned Magistrate. If such an application is filed, learned Magistrate to consider the same and pass appropriate order in accordance with law and the order dismissing the application filed by the counsel will not prevent the court from considering the application filed by the petitioner for recalling the non bailable warrant on merits. Petition is disposed. 1st October, 2010 (M.Sasidharan Nambiar, Judge) tkv