IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.MC.No. 669 of 2009() ------------------------ CC.1003/2007 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... PETITIONER(S): ------------------------- BEENA ZACHARIAH @ BEENA JAMES, AGED 36 YEARS, NALPATHANCHIL HOUSE, AANAPARAMBAL NORTH P.O., TALAVADY VILLAGE, ALAPPUZHA. BY ADVS. MR.MOHAN JACOB GEORGE, MR.S.RAJEEV. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (FOR SUB INSPECTOR OF POLICE, EDATHUA POLICE STATION) 2. SATHEESAN, S/O. KARUNAKARAN, MULLAPPALLI PARAMBIL, ANAPARAMBAL NORTH P.O., TALAVADY VILLAGE, KUTTANAD TALUK, ALAPPUZHA. 3. RAJU, S/O. GANGADHARAN, PUNNASSERIL HOUSE, ANAPARAMBAL NORTH P.O., TALAVADY VILLAGE, KUTTANAD TALUK, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM R2 & R3 BY ADV. MR. S.SANAL KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.P.NO.914/09 IN CRL.M.C.NO.669/2009 DISMISSED 18/02/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 669 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of February, 2009. O R D E R This petition is filed with a prayer to set aside the order of issuance of a non-bailable warrant against the petitioner in C.C.Nos.1003/07 and 1016 of 2007. I had considered the Crl.M.Cs filed by the accused in Crime Nos.333 and 342/09 and have given certain directions to the learned Magistrate how to proceed with the matter. Now fortunately the complainant as well as the accused are before me and I expect both of them to co-operate with the system to have a disposal of the case. I am not going into the merits of this petition for the reason that already I have given certain directions to the Magistrate in Crl.M.C Nos. 333 and 342/09. I am informed that a transfer petition is filed before the learned Sessions Judge and it is pending consideration and is posted to 25.2.2009. The cases are posted before the Judicial First Class Magistrate, Ambalappuzha also on the very same date. In order to make one feel that the matter CRL.M.C. 669 OF 2009 -:2:- can be proceeded with it is desirable and necessary that the defacto complainant appears before that Court on 25.2.2009 and thereafter the Court shall adjourn the whole case by one week by the time I hope that an order will be passed in the transfer petition. If the transfer petition is disposed of then I think the Court where it is pending or to the Court where it is being transferred, subject to the decision in the transfer petition, can further proceed with the case. The learned Magistrate can fix a further posting date on 25.2.2009 and direct the parties to appear on that date and thereafter do the needful in compliance with the order which is to be passed by the learned Sessions Judge in the transfer petition. Since I have already directed the defendant to be present before the Court on 25.2.2009 there is no necessity to enforce the non-bailable warrant at this stage and if by any chance the defacto complainant does not appear before the Court on 25.2.2009 the Judicial First Class Magistrate is at liberty to issue a non-bailable warrant to procure her presence. The parties can produce copy of this order before CRL.M.C. 669 OF 2009 -:3:- the learned Sessions Judge for disposal of the matter pending before him within a period of one week. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-