Kamal vs S.I.Police on 3 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1245 of 2009()


1. KAMAL, S/O. GOPALAKRISHNAN NAIR,
                      ...  Petitioner

                        Vs



1. S.I.POLICE, ARANMULA.
                       ...       Respondent

2. STATE OF KERALA REP. BY THE

                For Petitioner  :SRI.V.SETHUNATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :03/04/2009

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 CRL.M.C. NO. 1245 OF 2009
             = = = = = = = = = = = = = = =
         Dated this the 3rd day of April, 2009.

                           O R D E R

This petition is filed with a prayer to permit the

petitioner to go abroad for employment and exempt the

petitioner from personal appearance and to permit him to

proceed with the trial of the case through lawyer. Or in other

words it is a relief which has been sought for u/s 205 Cr.P.C.

The petitioner moved an application for advancing the

posting date from 6.6.09. It is submitted that the petitioner

had to leave the country on 21.4.2009. When an application

for advancement was filed in order to enable him avail the

benefit u/s 205, the learned Magistrate should have

considered it as a right genuine request and should have

entertained the application for advancement instead of

rejecting it. Therefore I set aside the order of the learned

Magistrate dismissing the petition for advancement and

permit the petitioner to move fresh application for

Crl.M.C. 1245 OF 2009
-:2:-

advancement and direct the learned Magistrate to allow it

and consider the request which the petitioner intends to

make u/s 205 Cr.P.C. in accordance with law.

The Crl.M.C. is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-