BILJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the sole accused in C.C.No.60/2008, challenging the order passed by the Judicial First Class Magistrate Court -I, Varkala in C.M.P.No.3047/2014 under Section 482 of the Code of Criminal procedure.

(2.) IT is alleged in the petition that petitioner is the sole accused in C.C.No.60/2008 pending before the Judicial First Class Magistrate Court -I, Varkala, which was charge sheeted by the Sub Inspector of Police, Varkala alleging the offences under Sections 447, 427 and 509 read with Section 34 of the Indian Penal Code along with the other accused persons. The case against the other accused persons have been ended in acquittal and the case against the present petitioner was split up from the original case and refiled as C.C.No.60/2008 and he appeared before the court below and pleaded not guilty when particulars of offence were read over to him. On 29.1.2013 CWs 1 and 2 were examined as PWs 1 and 2. But due to inconvenience of the counsel for the accused, he could not appear and witnesses could not be cross examined. Though C.M.P.No.892/2014 was filed seeking adjournment, that was dismissed and chief examination of PWs 1 and 2 was conducted. Later the petitioner filed an application under Section 311 of the Code as C.M.P.No.3047/2013 on 31.3.2014 for recalling the witnesses for the purpose of cross examination, but that was dismissed by the learned Magistrate by Annexure -A3 impugned order, which is being challenged by the petitioner by filing this petition.

(3.) HEARD the counsel for the petitioner and the learned Public Prosecutor.