M. Saisdharan Nambiar

1. Petitioner is the first accused in C.C.474/2008 on the file of Judicial First Class Magistrate, Thalassery. Contending that he is now employed in Pune and is not in a position to appear on all the posting days, he filed Annexure-1 application under Section 205 of Code of Criminal Procedure for exempting him from personal appearance at the time of recording his plea and also at the time of questioning under Section 313 of Code of Criminal Procedure. Under Annexure-2 order, learned Magistrate dismissed the petition holding that the decisions relied on by the petitioner are not applicable as they are in respect of summons case and as the case is being tried as a warrant case exemption cannot be granted and after framing of charge the prayer could be considered. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 order and to grant the permission is sought for.

2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard.

3. Sub Section 1 of Section 205 of Code of Criminal Procedure provides that whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal