SHAHABUDEEN Vs. ARASAL PAKKARATH

JUDGEMENT

(1.) NOTICE to first respondent is dispensed with in view of the order I propose to pass.

(2.) PETITIONER is accused in C.C.No.491 of 2009 of the Court of learned Judicial First Class Magistrate-II, Perambra (who is now working abroad) is facing charge for offence punishable under sec.420 of the Indian Penal Code. Learned Magistrate took cognizance of the said offence and issued process to the petitioner and others. PETITIONER filed an application for permanent exemption under Sec.205 of the Code of Criminal Procedure (for short, "the Code"). Learned Magistrate rejected that application by Annexure-I, order observing that pre- charge evidence is almost over and for framing charge presence of petitioner is necessary. That order is under challenge. I have heard learned counsel for petitioner and the learned Public Prosecutor.