IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1721 of 2009 ---------------------------------- CC.NO.379/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR. .................... PETITIONER/PETITIONER/ACCUSED: ----------------------------------------------------- NAGARAJAN, S/O.ARUNACHALAM, VELLANTHARA, CHITTUR. BY ADVS. MR.SAJAN VARGHEESE K. MR.LIJU. M.P. RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1721 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER Petitioner is the accused in C.C.379/2008 on the file of Judicial First Class Magistrate Court, Chittur. The offences alleged against the petitioner are under section 323, 354 and 506(ii) of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure D order contending that petitioner had already filed Annexure C petition for dispensing his presence and to permit him to plead and also to answer the questions under section 313 of Code of Criminal Procedure through the counsel as he is in Gulf. Annexure D order was passed by the Magistrate on 3.3.2009 stating that though petitioner filed vakalath as he is not enlarged on bail he has to appear before the court and the case was posted to 18.5.2009. Learned counsel appearing for the petitioner submitted that no order is so far passed in Annexure C application. 2. Section 205 of Code of Criminal Procedure enables the Magistrate to dispense with personal Crl.M.C.1721/2009 2 appearance of the accused and permit him to appear through his pleader. When Annexure C application is filed without disposing that application, learned Magistrate should not have directed the petitioner to appear. Annexure C application does not contain any undertaking that petitioner did not dispute his identity. Without such an undertaking no permanent exemption could be granted at the time of trial. As the learned Magistrate has not passed any order in Annexure C application, Annexure D order is quashed. Learned Magistrate is directed to pass appropriate order in Annexure C application bearing in mind the principles declared by the Apex Court in Bhaskar Industries Ltd v. M/s.Bhiwani Denim and Apparels Ltd(AIR 2001 SC 3625). Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006