IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 4558 of 2010() ----------------------------------- CC. NO.596/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE I, KOZHIKODE. .......... PETITIONER(S): ACCUSED 4-8: -------------------------------------------- 1. PALATT SAFIYA, AGED 68 YEARS, D/O.MOOSA KOYA, RESIDING AT PALLIKANDY PALATT HOUSE, CHEMMEEN KUZHIKKAL, PADANNA ROAD, KUNDUNGAL, P.O. KALLI, CALICUT- 2. PALATT JUBAIRIYA, AGED 53 YEARS, D/O.ASSAN KOYA, RESIDING AT PALLIKANDY PALATT HOUSE, CHEMMEEN KUZHIKKAL, PADANNA ROAD, KUNDUNGAL, P.O. KALLI, CALICUT-3. 3. PALATT AMINABI, AGED 47 YEARS, D/O.ASSAN KOYA, RESIDING AT PALLIKANDY PALATT HOUSE, CHEMMEEN KUZHIKKAL, PADANNA ROAD, KUNDUNGAL, P.O. KALLI, CALICUT-3. 4. PALATT SHAHANA, AGED 44 YEARS, D/O.ASSAN KOYA, RESIDING AT PALLIKANDY PALATT HOUSE, CHEMMEEN KUZHIKKAL, PADANNA ROAD, KUNDUNGAL, P.O. KALLI, CALICUT-3. 5. PALATT SULTHANA, AGED 41 YEARS, D/O.ASSAN KOYA, RESIDING AT PALLIKANDY PALATT HOUSE, CHEMMEEN KUZHIKKAL, PADANNA ROAD, KUNDUNGAL, P.O. KALLI, CALICUT-3. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): COMPLAINANT AND STATE -------------------------------------------------------------------- 1. A.P.ABDUL KADER BARAMY, S/O.P.V.ABDURAHIMAN BARAMY, 20/170-B, SEETHI MARAKKARAKAM, EDAKKATTU PARAMBA, DUTT SAW MILLS, P.O.KALLAI, CALICUT-3. 2. 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 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4558 of 2010 -------------------------- ORDER Petitioners are accused 4 to 8 in C.C.No. 596/2010 on the file of Judicial First Class Magistrate's Court-I, Kozhikode, taken cognizance for the offences under Sections 192, 465 and 468 read with Section 34 of Indian Penal Code. Petitioners filed Annexure-A2 petition (C.M.P.No. 4732/2010) under Section 205 of Code of Criminal procedure for permission to dispense with their presence. This petition is filed under Section 482 of Code of Criminal Procedure contending that learned Magistrate is insisting the presence of the petitioners before exemption is granted. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. When a petition is filed under Section 205 of Code of Criminal Procedure, learned Magistrate has CRMC 4568/10 2 to pass appropriate order in accordance with law. As learned Magistrate has not passed any order in the petition, this petition is disposed directing Judicial First Class Magistrate-I, Kozhikode to pass appropriate order in accordance with law in C.M.P. No.4732/2010. For considering the petition, learned Magistrate shall not insist the presence of the petitioners. 22nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv