IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 530 of 2007()
1. K.VALSAN, S/O. GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.V.SURENDRANATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :27/02/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.530 of 2007
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Dated this the 27th day of February 2007
O R D E R
The petitioner faces indictment in a prosecution under
Sections 279 and 304 A I.P.C and Section 3(i) read with 181 of
the Motor Vehicles Act. The petitioner has come to this court
with this petition under Section 482 Cr.P.C. He claims to be
aggrieved by the order dated 18/12/2004. That order, in turn,
shows that a delay of about nine months for filing the
chargesheet, was condoned by the learned Magistrate, after
giving notice to the petitioner, who did not choose to enter
appearance and raise objections.
2. The learned counsel for the petitioner submits that
the matter stands listed for trial to 28/02/2007. No explanation
whatsoever is offered as to why the order dated 18/12/2004 was
not challenged till this date and the petitioner has come to this
court at the eleventh hour with this petition. Admittedly, the
matter stands listed for trial and the witnesses will be appearing
before the learned Magistrate on 28/02/2007. I am, in these
circumstances, satisfied that it is not necessary to invoke the
Crl.M.C.No.530/07 2
powers under Section 482 Cr.P.C and interrupt the progress of
the trial scheduled to commence on 28/02/2007.
3. In the result, this Criminal Miscellaneous Case is
dismissed but I may hasten to observe that the petitioner shall be
at liberty to raise all his contentions before the learned
Magistrate including the contention that the condonation of
delay was not justified and the condonation of delay was without
notice to the petitioner.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006