IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 260 of 2009() ------------------------ CMP.1640/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER: --------------- BUSHRA, D/O.MUHAMMED HAJI, NALAKATHPUTHANPURAKKAL, HOUSE NO.11/305, KUMKARAMBATHOOR AMSOM & DESOM, KUMARAMBATHOOR GRAMA PANCHAYATH, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. ABDUL KHADER, S/O.MUHAMMED HAJI, NALAKATHPUTHANPURAKKAL,HOUSE NO.11/305,KUMARAMBA- THOOR GRAMA PANCHAYATH, MANNARKKAD TALUK, PALAKKAD DISTRICT,NOW RESIDING AT KRISHNA NIVAS,(OWNER BY KONGASSERY BHARATHI TEACHER) KUMRAMPATHOOR AMSOM DESOM. 3. SAJITHA, W/O.ABDUL KHADER, NOW RESIDING AT KRISHNA NIVAS (OWNED BY KONGASSERY BHARATHI TEACHER) KUMRAMPATHOOR AMSOM & DESOM, MANNARKKAD TALUK, PALAKKAD ISTRICT. R1 BY PUBLIC PROSECUTOR SIR.P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 260 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009 O R D E R Against the petitioner proceedings under Section 340 Cr.P.C. has been registered by the learned J.F.M.C., Mannarghat. The petitioner has not entered appearance. Consequently coercive processes have been issued against the petitioner. He has come to this Court with a prayer that the M.C. registered against him may be quashed and the coercive processes issued may be set aside. 2. The petitioner must participate in the proceedings under Section 340 Cr.P.C. If the order passed under Section 340 Cr.P.C. is against the petitioner, he has a right of appeal under Section 341 Cr.P.C. Instead of participating in the proceedings under Section 340 Cr.P.C. the petitioner has unnecessarily rushed to this Court with this application under Section 482 Cr.P.C. 3. I am satisfied that this Crl.M.C. does not deserve to be entertained at this juncture. The learned counsel for the Crl.M.C.No. 260 of 2009 2 petitioner submits that coercive processes have been issued against the petitioner and the petitioner apprehends imminent arrest. 4. This Crl.M.C. is dismissed. I need only observe and direct that the coercive processes issued against the petitioner shall not be executed till 27.1.2009, on or before which day the petitioner shall appear before the learned Magistrate in the proceedings under Section 340 Cr.P.C. initiated by the learned Magistrate. If the petitioner is aggrieved by the final order passed under Section 340 Cr.P.C., needless to say, his right of appeal under Section 341 Cr.P.C. will remain unfettered by the dismissal of this Crl.M.C. (R. BASANT) Judge tm