IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4818 of 2010()
1. SUCHITHRA R.BABU, W/O.RAJENDRAN NAIR,
... Petitioner
Vs
1. PREMNATH.P., "ASWATHY",
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.MANOJ P.KUNJACHAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4818 of 2010
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ORDER
Petitioner, the accused in S.T.No.1363/2006 on the
file of Judicial First Class Magistrate’s Court-IV,
Nedumangadu, filed C.M.P.No.1479/2010 under Section 311
of Code of Criminal Procedure. It was allowed on cost.
When the case was posted for examination of the
witnesses and payment of cost, recording that
petitioner was not ready and willing to pay the cost
and cost was not paid as directed, the petition, which
was originally allowed, was dismissed by Annexure-D
order. This petition is filed under Section 482 of Code
of Criminal Procedure to quash Annexure-D order.
2. Learned counsel appearing for the petitioner
was heard.
3. In the nature of the order to be passed, I do
not find it necessary to issue notice to the first
respondent, the complainant before the learned
Magistrate.
4. Annexure-B, copy of A Diary proceedings, shows
that both the complainant and the accused were absent
CRMC 4818/10 2
and they were represented by a counsel. Case of the
petitioner is that as complainant was not present, cost
could not be paid and learned Magistrate dismissed
C.M.P.No.1479/2010 at the roll call itself and
petitioner was ready and willing to pay the cost, but
there was nobody to receive the same.
Petition is allowed. If petitioner deposits Rupees
One thousand before Judicial First Class Magistrate’s
Court-IV, Nedumangadu and files an application to
receive it as cost as ordered in C.M.P.No.1479/2010
within seven days from today, learned Magistrate shall
treat it as the cost paid in C.M.P.No.1479/2010 and
allow the said petition as has been done originally.
First respondent is entitled to withdraw the amount.
Issue a copy of the order to the petitioner.
9th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv