IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1533 of 2009() --------------------------------------- C.P.24/2009 OF JFCM COURT, VATAKARA PETITIONER(S): 2ND ACCUSED: ---------------------------------------------- RAJESH, S/O. GOPALAN, KUTTIPURATHIL HOUSE, ERAMALA AMSOM DESOM, VATAKARA. BY ADV. MR.ZUBAIR PILIKKOOL RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1533 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to recall non bailable warrant issued by Judicial First Class Magistrate, Vatakara in C.P.24/2009. 2. Learned counsel appearing for petitioner was heard. 3. If there is sufficient cause for the absence of the petitioner, when the Magistrate issued non bailable warrant, remedy of the petitioner is to file a petition before the Magistrate to recall the warrant. It is not for him to approach this court under Section 482 of Code of Criminal procedure for a direction to recall the warrant. Learned counsel appearing for petitioner submitted that if a petition is filed before the Magistrate petition may not be heard on the same day and therefore direction is to be issued to dispose the petition on the same day. CRMC 1533/09 2 4. If the petitioner files a petition to recall the non bailable warrant with notice to Assistant Public Prosecutor, Magistrate to dispose the same without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.