IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Crl.MC.No. 1245 of 2009() ---------------------------- (C.C.99/2009 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-I, PATHANAMTHITTA) .......................... : REVISION PETITIONER/ PETITIONER ---------------------------------------------- KAMAL, S/O. GOPALAKRISHNAN NAIR, SREENILAYAM, NARANGANAM MURI & VILLAGE, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENT(S)/ RESPONDENT : -------------------------------------- 1. S.I.POLICE, ARANMULA. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1245 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009. O R D E R This petition is filed with a prayer to permit the petitioner to go abroad for employment and exempt the petitioner from personal appearance and to permit him to proceed with the trial of the case through lawyer. Or in other words it is a relief which has been sought for u/s 205 Cr.P.C. The petitioner moved an application for advancing the posting date from 6.6.09. It is submitted that the petitioner had to leave the country on 21.4.2009. When an application for advancement was filed in order to enable him avail the benefit u/s 205, the learned Magistrate should have considered it as a right genuine request and should have entertained the application for advancement instead of rejecting it. Therefore I set aside the order of the learned Magistrate dismissing the petition for advancement and permit the petitioner to move fresh application for Crl.M.C. 1245 OF 2009 -:2:- advancement and direct the learned Magistrate to allow it and consider the request which the petitioner intends to make u/s 205 Cr.P.C. in accordance with law. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-