Kerala High Court
Kandathil Basheer vs K.P.Ammad Koya on 16 March, 2012
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
FRIDAY, THE 16TH DAY OF MARCH 2012/26TH PHALGUNA 1933
Crl.MC.No. 745 of 2012 ()
-------------------------
CC.10/2010 of J.M.F.C. - II, PERAMBRA
PETITIONER/ACCUSED:
-------------------
KANDATHIL BASHEER,
S/O.KANDATHIL ABU, KANDATHIL HOUSE, P.O.MADAVOOR
KOZHIKODE DISTRICT.
BY ADV. SRI.K.A.SALIL NARAYANAN
RESPONDENTS/COMPLAINANT AND STATE:
----------------------------------
1. K.P.AMMAD KOYA
S/O.KUNHI MOOSA, KUNDOLITHAZHA HOUSE, KINALUR AMSOM
P.O.KINALUR, BALUSSERY, KOZHIKODE DISTRICT-673 001.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/-
P.S.GOPINATHAN, J.
----------------------------------------
Crl.M.C.NO. 745 OF 2012
----------------------------------------
Dated this the 16th day of March, 2012
O R D E R
In this petition under Section 482 of the Code of Criminal procedure, the petitioner, who is the accused seeks an order to quash the order dated 10/1/2012 in C.C.No.10/2010 on the file of the Judicial Magistrate of the First Class-II, Perambra.
Having heard, I find that the petitioner is facing prosecution for offence under Section 420 of the Indian Penal Code. On 7/1/2012 the evidence was closed and the case was posted to 10/1/2012 for recording the statement of the accused. The petitioner had earlier got an order of exemption from personal attendance. Since the petitioner was not present on that day, the exemption was cancelled and the petitioner was directed to appear on 20/1/2012. I find no error committed by the learned Magistrate so as to be rectified under Section 482 of the Code of Criminal Procedure. However, this petition is disposed of with liberty to the petitioner to file the petition for recording the statement of the accused through counsel.
P.S.GOPINATHAN JUDGE DSV/-