IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Crl.MC.No. 4250 of 2010() ------------------------------ CC.763/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S): ACCUSED ------------------------------- N.SIVAKUMAR, S/O.KRISHNANKUTTY NAIR, NALLAYAMVEETTIL, KATHUPPETTY, KUZHALMANNAM, PALAKKAD. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------- 1. K.SAHADHEVAN, AGED 39 YEARS, S/O.LATE KITTU, MANALUR, KANNADI, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4250 of 2010 -------------------------- Dated this the 19th October, 2010 O R D E R Petitioner, the accused in C.C No.763/2009 on the file of Judicial First Class Magistrate Court-III, Palakkad filed this petition under Section 482 of Code of Criminal Procedure, for a direction to the learned Magistrate to issue certified copies of the orders in C.M.P. Nos. 3323, 3554 and 4026 of 2010 respectively dated 4.9.2010, 15.9.2010 and 12.10.2010 contending that he has to challenge that orders and a direction is to be issued to keep the proceedings in abeyance till then. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that further cross- examination of the complainant is necessary and therefore an opportunity should have been granted to recall and cross-examine the complainant and petitioner is also entitled to examine himself as a witness. I do not find any reason to keep the proceedings of the learned Magistrate in abeyance as sought for. Petitioner is entitled to Crl.M.C No.4250 of 2010 2 challenge all the orders along with judgment, if it goes against him. Petitioner is entitled to get the certified copies of the orders, if applications are filed. If petitioner has filed application for certified copies, learned Magistrate to grant the same, without delay. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE ma