SHYLESH, S/O. RAMADASAN, Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are the accused in C.C. No. 540/2008 on the file of Judicial First Class Magistrate's Court -IV, Kozhikode, This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure -A order passed by the learned Magistrate, directing petitioners to pay cost to the witnesses, who were present in court, but could not be examined for the failure of the petitioners to appear. It is submitted that an application for adjournment was moved by the counsel on behalf of the petitioners.

(2.) LEARNED Counsel appearing for the petitioners was heard.

(3.) ANNEXURE -A order of the learned Magistrate shows that on the previous posting day also, CWs 1, 3 and 4 were present and petitioners were absent and witnesses could not be examined and they were directed to appear on the next posting day and on which day also, petitioners were absent and sought adjournment. It is in such circumstances, learned Magistrate granted adjournment directing petitioners to pay cost at the rate of Rupees One thousand each to the four witnesses in addition to imposition of a cost of Rupees One thousand to the State.