IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.MC.No. 2063 of 2009(C) ----------------------------------- CRIME NO.459/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTIYAM PETITIONER(S): ---------------------- SALMA ROSHINI, D/O.ABDUL RASHEED, ROSHINI MANZIL, KONGAL, PARAVOOR, KOLLAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.C.PRABITHA SMT.NISHA G.THARAMAL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJI A., MEDAYIL HOUSE, KUTTIKKADA, TATTAMALA, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No. 2063 of 2009-C =================== Dated this the 30th day of June, 2009. O R D E R Case of the petitioner is that before Sub Inspector of Police, Kottiyam, second respondent, husband of the petitioner filed a complaint alleging man-missing contending that petitioner and the minor child are missing though petitioner has left the house voluntarily out of her own free will. Petitioner filed Annexure I application before the Magistrate to record her presence in the court and to advance the case. It is alleged that the case is not being advanced for hearing. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to advance the hearing of the case and to close Crime No.459/2009 recording the presence of the petitioner. 2. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. Crl.M.C.No.2063/2009-C -2- 3. If Crime No.459/2009 of Kottiyam Police Station is for man-missing on the allegation that petitioner and the daughter are missing and any order is passed by the Magistrate to produce the petitioner and minor child or the case is pending before the Magistrate, if Annexure I petition is pending or any other petition is filed to advance the case, Magistrate may advance the case and pass appropriate orders in accordance with law. M.SASIDHARAN NAMBIAR JUDGE dkr