High Court Kerala High Court

C.A.Unnikrishnan vs C.O.Chacko on 9 April, 2007

Kerala High Court
C.A.Unnikrishnan vs C.O.Chacko on 9 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 11920 of 2007(R)


1. C.A.UNNIKRISHNAN, 45 YEARS,
                      ...  Petitioner

                        Vs



1. C.O.CHACKO, PEEDIKAPARAMBIL HOUSE,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE

                For Petitioner  :SRI.A.F.SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :09/04/2007

 O R D E R
                                  R. BASANT, J.

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                         W.P.C.No.  11920 of   2007  R

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                     Dated this the 9th day of   April, 2007


                                    JUDGMENT

The petitioner faces indictment in a prosecution under Section

138 of the N.I. Act. The case has been at the stage of defence

evidence. The petitioner has come to this Court claiming to be

aggrieved by an order passed by the learned Magistrate on the

application filed by him under Section 315 Cr.P.C. The learned

Magistrate, it is submitted, did not entertain the said prayer for

examination of the accused under Section 315 Cr.P.C. and is

proceeding to dispose of the case itself.

2. Copy of the order has not been produced so far. Admittedly

Ext.P2 is the application filed. It is not filed by the accused under

Section 315 Cr.P.C. His counsel has signed the petition on his

behalf. The learned counsel for the petitioner submits that the matter

stands posted for judgment to this date. The petitioner has several

grievances against the course adopted by the learned Magistrate. It

is submitted that the defence witness, though summoned, has not

been examined. The petitioner submits that he has been denied an

opportunity to examine the witnesses and post the case for judgment even

without hearing the petitioner’s counsel.

3. Powers under Article 226/227 of the Constitution and Section 482

Cr.P.C. are to be invoked only in an exceptional case and sparingly in aid of

justice. This law does not encourage challenge against interim orders

passed. The policy of law is reflected clearly in Section 397(2) Cr.P.C.

Normally such interlocutory orders must wait for their challenge along with

the final order to be passed. Of course, there is jurisdictional competence

for the court to invoke the powers under Article 227 of the Constitution or

Section 482 Cr.P.C. I am not persuaded to agree, on the facts and

circumstances of this case, that any such resort to the exceptional powers

available to this Court can or need be invoked.

4. This Writ Petition is accordingly dismissed. But I may hasten to

observe that the dismissal of this writ petition will not in any way fetter the

rights of the petitioner to challenge any interlocutory order passed by the

learned Magistrate in the course of the proceedings if there has been

prejudice caused on account of such dismissal of application.






                                                             (R. BASANT)

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