In this criminal miscellaneous case, the High Court dismissed the petitioner's plea seeking recall of a non-bailable warrant and permission to appear through counsel while a Section 205 CrPC petition was pending before the Magistrate.
Directed the Magistrate to pass appropriate order on the petition filed under Section 205 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931
Crl.MC.No. 2356 of 2009()
-----------------------------------CC.124/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY
PETITIONER/ACCUSED
---------------------------------
A. ABDUL VAHEED, MELEPUNNARACKAL HOUSE, VIZHINJAM,TRIVANDRUM.
BY ADV. MR.C.UNNIKRISHNAN (KOLLAM)
RESPONDENT/COMPLAINANT
-------------------------------------------
1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2. M/S.FIVE STAR ACQUA MINERALS, KOLENCHERRY,REP.BY ITS PROPRIETOR, JACOB T.ABRAHAM,RESIDING AT THANIMOLEL HOUSE, MANGATTOOR, KOLENCHERRY.
R1 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.Sasidharan Nambiar, J.
Crl.M.C.No.2356 of 2009
ORDER
Petitioner is the accused in C.C.Nos.124/2000 and 159/2000 on the file of Judicial First Class Magistrate's Court, Kolencherry, taken cognizance by the Magistrate for offence under Section 138 of Negotiable Instruments Act. As petitioner did not appear, steps under Sections 82 and 83 of Code of Criminal Procedure were taken and a non bailable warrant is pending against him. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to allow the petitioner to appear through a pleader and to recall the non bailable warrant.
Petition is disposed.
10th August, 2009 tkv
(M.Sasidharan Nambiar, Judge)
2 issues framed by the court
Whether to direct the Magistrate to recall the non-bailable warrant against the accused and permit appearance through a pleader.
Whether to direct the Magistrate to pass appropriate order in the petition filed under Section 205 CrPC.
4 provisions across 2 enactments
A. Abdul Vaheed
State of Kerala
M/S. Five Star Aqua Minerals
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
