IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 4560 of 2010 ---------------------------------- [CC.NO.323/2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR] .................... PETITIONER/ACCUSED: ---------------------------------- K.NOUJESH, S/O.AMBUKUNHI, AGED 27 YEARS, KAVVAL, GANDHI NAGAR COLONY, PAYYANNUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4560 OF 2010 =========================== Dated this the 18th day of November,2010 ORDER Petitioner was permitted under section 205 of Code of Criminal Procedure, on an application filed by Judicial First Class Magistrate, Payyannur in C.C.323/2006. When the case was posted for examination of PW6 learned counsel on behalf of the petitioner did not appear and adjournment was sought through another counsel. Learned Magistrate rejected the prayer and issued non bailable warrant. Petition is filed under section 482 of Code of Criminal Procedure to quash that order and to direct the Magistrate to permit the petitioner to conduct the case through the lawyer. 2. When the presence of the petitioner was dispensed with under section 205 of Code of Criminal Procedure accepting his undertaking Crl.M.C.4560/2010 2 that on his behalf his counsel will appear on all posting dates and the counsel did not appear when the prosecution witness is to be cross examined, dismissal of the application for adjournment or the order issuing non bailable warrant cannot be found fault with. 3. It is upto the petitioner to appear before the learned Magistrate and explain the circumstances under which his counsel could not appear on that particular day. If such an application is filed, learned Magistrate to pass appropriate order bearing in mind the fact that if the petitioner prepared to proceed with the case and the case will not unnecessarily be protracted, it is not in the interest of justice to take coercive steps. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006