IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4298 of 2008()
1. A.P.KOMALAN , AGED 48 YEARS
... Petitioner
Vs
1. STATE REPRESENTED BY THE PUBLIC
... Respondent
For Petitioner :SRI.S.NIRMAL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4298 of 2008
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Dated this the 11th day of November, 2008
ORDER
Petitioner faces indictment in a prosecution for offences
punishable under Sections 279 and 332 I.P.C. The alleged
offence occurred in 1985. Crime was registered in 1985. Final
report was filed and cognizance was taken. Thereafter
consequent to non appearance of the petitioner, the case against
him was split up and transferred to the list of Long Pending
Cases. The petitioner has now surrendered before the learned
Magistrate. The case has been recalled and has been registered
as C.C.No.1824 of 2008.
2. The petitioner is employed abroad. The short prayer
made is that the case against him may be disposed of
expeditiously. Alternatively it is prayed that the petitioner who
has to go back his place of employment abroad as he is likely to
lose his employment if he does not, may be permitted to be
represented by his counsel.
3. The prayer of the petitioner appears to me to be
reasonable and legitimate. His prayer for expeditious disposal
Crl.M.C. No.4298 of 2008 2
must be considered favourably and sympathetically by the court
below. He can make an appropriate application. If expeditious
disposal is not possible, the petitioner can apply for exemption
from personal appearance. The learned Magistrate must
consider such application and pass appropriate orders.
4. This Crl.M.C is, in these circumstances, dismissed, but
with the specific observation that the learned Magistrate must
attempt to expeditiously dispose of the case against the
petitioner and if that is not possible, the learned Magistrate must
consider the petitioner’s application to be filed for exemption
from personal appearance and to be represented by his counsel
subject of course to the directions of the court to him to appear
personally whenever such personal appearance is absolutely
essential.
5. Hand over a copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
rtr/-