IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 265 of 2010()
1. MUHAMMED ABDUL RAZAK, S/O. KASIM,
... Petitioner
2. MUNEERA, D/O. MUHAMMED,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :27/01/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C No.265 OF 2010
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Dated this the 27th day of January 2010
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ORDER
This is a petition filed under Section 482 of the Code
of Criminal Procedure seeking to have non-bailable warrants
issued by the Judicial First Class Magistrate Court IV recalled.
2. Petitioners are accused in C.C No.335/2008 on the
file of the Judicial First Class Magistrate Court IV, Kozhikode.
Offence alleged against the petitioners are punishable under
Section 406, 417, 420, 506(ii) r/w Section 34 I.P.C.
3. The allegation was that they obtained money
promising to procure visa for the defacto-complainant and then
defaulted later on. It is stated that initially a complaint was filed
before the court. It was sent for investigation under Section
under Section 156(3) Cr.P.C(3) of the Code of Criminal
Procedure. After investigation it was referred to the court to
file. The protest was filed by the defacto-complainant on which
cognizance was taken.
4. Petitioners on getting summons appeared before
the court through counsel initially. They were granted bail.
Later, they could not appear before the court as the 1st Crl.M.C No.265 OF 2010 Page numbers
petitioner has to go abroad . There was no wilful latches on their
part in appearing before the court in subsequent dates.
Petitioner has pointed out that they want to cooperate with the
court. So it is prayed that the non-bailable warrants issued may
be recalled.
5. Even though it is not proper for this court to recall
the warrant, considering the facts of the case that the petitioner
had initially appeared before the court and there is no any wilful
default on their part, they should be given an opportunity to
surrender before the court and move necessary applications.
Therefore, the petitioner is given a weeks time to appear before
the court. Until then, the warrant shall be keep in abeyance.
Sd/-
P.BHAVADASAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv