IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.MC.No. 3480 of 2008() ------------------------- S.C.NO.800/04 OF THE ADDITIONAL SESSIONS COURT COURT-II, MAVELIKARA. PETITIONER: ------------ PRASANTHAN, S/O. VASU, PULIMTHARAYIL HOUSE, WARD NO.5, PATHIYOOR PANCHAYAT. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3480 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 ORDER In a Sessions Case posted for arguments, time was sought to argue the matter and for examination of additional witnesses. The learned Sessions Judge was not satisfied with the prayer made and rejected the application. The defence witnesses were examined on 30/8/08. The case was posted to 1/9/08 and 2/9/08. Thereafter, the matter was posted for judgment to 3/9/08. On 3/9/08, the case was posted to 4/9/08 and on 4/9/08, to 18/9/08. At this stage, the petitioner has come to this Court with a prayer that he may be given an opportunity to examine the additional witnesses and also to advance his arguments. 2. At this stage of the proceedings, when the Sessions Case stands posted for judgment to 18/9/08, I do not want to Crl.M.C. No. 3480 of 2008 -: 2 :- express any opinion on the acceptability of the request made by the petitioner for adjournment of the case for judgment without hearing him. The matter stands posted for judgment to 18/9/08 and I am satisfied that any inadequacy in the procedure can be complained of if necessary, in an appeal to be filed, if such appeal be necessary. I am not persuaded to agree that the powers under Sec.482 Cr.P.C. can or ought to be invoked at this stage. I am not embarking on any detailed discussions on merits, lest it may prejudice the interests of the petitioner himself. 3. In the result, this Crl.M.C. is dismissed; but with the observation that the petitioner can raise all grounds, if found necessary, in the appeal to be preferred against the judgment to be pronounced. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3480 of 2008 -: 3 :-