IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Crl.MC.No. 4162 of 2011() ------------------------- CC.4/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): 2ND ACCUSED -------------------------- RAVIKAPOOR, S/O.SARDARILAL KAPOOR, AGED 190, PARSWANAD NAGAR, CHANDKEEZH ROAD, AHEMEDABAD. BY ADVS. SRI.JOY THATTIL ITTOOP SRI.A.G.ADITYA SHENOY RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR. 2. KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., P.B.NO.15, GANDHI NAGAR, KOCHI-682 020. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4162 of 2011() APPENDIX PETITIONERS ANNEXURES ANNEXURE A- TRUE COPY OF THE FIRST INFORMATION REPORT NO.607/06 DATED 22-04-2006. ANNEXURE B- A TRUE COPY OF THE AGREEMENT DATED 24.06.2004. ANNEXURE C- TRUE COPIES OF THE INCOME TAX RETURNS FILED IN FORM NO.2D FOR THE FINANCIAL YEARS, 2005-06. ANNEXURE C(1)-TRUE COPIES OF THE INCOME TAX RETURNS FILED IN FORM NO.2D FOR THE FINANCIAL YEARS, 2006-07. ANNEXURE C(2)-TRUE COPIES OF THE INCOME TAX RETURNS FILED IN FORM NO.2D FOR THE FINANCIAL YEARS, 2007-08. ANNEXURE D- TRUE COPY OF THE SALARY CERTIFICATES OF THE PETITIONER FOR THE YEAR ENDING 2006. ANNEXURE D(1)-TRUE COPY OF THE SALARY CERTIFICATES OF THE PETITIONER FOR THE YEAR ENDING 2008. RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4162 OF 2011 ( ) ------------------------------------------ Dated this the 7th day of December, 2011 O R D E R The petitioner is the 2nd accused in C.C. No:4/2008 of Judicial First Class Magistrate Court-II, Ernakulam. The offences alleged against the petitioner and others are under section 120 B and 420 r/w 34 IPC. 2. The petitioner challenges the charge sheet filed by the police stating that no case will lie against him. The case was filed in the year 2008. It is stated that he appeared before the trial Court and he was granted bail. Since this petition is filed only in the year 2011, the request to quash the charge sheet cannot be sustained. The petitioner can advance all his contentions before the trial Court. 3. The learned counsel for the petitioner submits that the petitioner is a resident of Ahamadabad and presently working in the state of Bihar and so there would be hardship for the petitioner to appear before Court on all the hearing Crl. M.C. No: 4162 OF 2011 ( ) -2- dates. Personal attendance of the petitioner may not be required on all the posting dates. 4. The petitioner will file an application under section 205 Cr.P.C. for getting personal exemption from attending Court on hearing dates. In the light of the above statement, the learned Magistrate will pass appropriate order taking note of all the facts and that physical presence of the petitioner may not be necessary on all the hearing dates. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj