(1.) When does a trial of a criminal case terminate Whether the trial ends when a criminal case is posted for judgment Whether a Magistrate is competent to invoke power under S.311 of Code of Criminal Procedure after arguments were heard and case is posted for judgment and before the judgment is pronounced These are questions to be answered.
(2.) A learned Single Judge of this court in Sajeendran v. Thalakulathoor Grama Panchayat, 2004 (1) KLT 69 finding that case was posted for judgment by the Magistrate and application filed by the complainant under S.311 of the Code was thereafter allowed by the Magistrate, held that trial of the case was terminated when the case was posted for judgment and consequently power under S.311 of the Code cannot be invoked by the Magistrate. Following the same principle the same learned Single Judge in Joseph, P. T. v. K. K. Rajappan and another 2004 (1) KLJ (NOC) 12 held that as the case was only posted for argument trial has not been terminated and therefore Magistrate is competent to invoke the power under S.311 of Cr.P.C. Another learned Single Judge respectfully disagreeing with that view made this reference, doubting the correctness of the decision in Sajeendran's case.
(3.) S.311 of Cr.P.C. reads.