IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3888 of 2009()
1. MOHANAN, S/O.LATE MADHAVAN,
... Petitioner
Vs
1. SATHI, D/O.LAKSHMI,
... Respondent
2. STATE OF KERALA,
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/12/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C.No.3888 of 2009
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Dated this the 16th day of December, 2009
ORDER
Petitioner the accused in C.C.531/2006 filed Annexure-A3
petition under Section 205 of Code of Criminal Procedure seeking
exemption from appearance contending that petitioner has to go
abroad for employment. By Annexure-A4 order, learned
Magistrate dismissed the petition finding that petitioner who was
directed to pay maintenance at the rate of Rs.3,500/- per month
by Family Court did not pay that amount and in such
circumstances, petitioner is not entitled the discretionary relief.
Petition is filed under Section 482 of the Criminal Procedure Code
to quash Annexure-A4 order and to grant permanent exemption.
2. Learned counsel appearing for the petitioner was heard.
3. In Annexure-A2 petition, though petitioner sought
permanent exemption contain an undertaking that petitioner
would not question the pleading recorded on his behalf by his
counsel, did not undertake that evidence could be recorded in his
: 2 :
absence, treating presence of his counsel as his presence and
that he will not challenge the evidence so recorded either before
the said court or appellate court or revisional court. In such
circumstances, I find no reason to interfere with Annexure-A4
order as permanent exemption cannot be granted to the
petitioner.
The petitioner is facing trial for offences under Section
494, 109, 114 read with Section 34 IPC. As the case is pending
before the court for the last several years, Judicial First Class
Magistrate Court, Pattambi, is directed to dispose the case, as
expeditiously as possible, at any rate, within six months from the
date of receipt of a copy of this order.
M.S.SASIDHARAN NAMBIAR, JUDGE
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