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K.VALSAN, S/O. GOVINDAN v. STATE OF KERALA, REPRESENTED BY - Crl MC No. 530 of 2007  RD-KL 4355 (27 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 530 of 2007()
1. K.VALSAN, S/O. GOVINDAN,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.V.SURENDRANATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.530 of 2007
Dated this the 27th day of February 2007
O R D E RThe 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 Crl.M.C.No.530/07 3 Crl.M.C.No.530/07 4
ORDER21ST DAY OF JULY 2006
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