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. 3246 of 2008() ------------------------- CRL.M.P.NO.2065/08 IN ST.889/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ------------ T.T JOY,S/O THARIYAKU, THACHIL HOUSE, NORTH KUTHIYATHODU, ERNAKULAM. BY ADV. SRI.SANTHOSH SUBRAMANIAN SRI.E.A.THANKAPPAN SRI.S.SREEKUMAR(NORTH PARAVUR) RESPONDENTS: ------------- 1. FOOD INSPECTOR, ANGAMALI CIRCLE, ANGAMALI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR 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. 3246 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under the provisions of the P.F.A. Act. On 21/7/08, when the case was posted peremptorily for examination of P.Ws.1 and 2, the petitioner was not ready to go on with the cross-examination of the witnesses and made an application for adjournment. The learned Magistrate indulgently granted adjournment subject to the onerous stipulation that a cost of Rs.5,000/- must be paid. The petitioner claims to be aggrieved by the order. It is contended that the cost imposed is excessive and not necessary at all. 2. I have gone through the impugned order. The learned Magistrate has given a narration of the sequence of events which led to the impugned order. Witnesses were present on Crl.M.C. No. 3246 of 2008 -: 2 :- as many as four occasions and the final date of posting was given as requested by the petitioner. I am not, in these circumstances, persuaded to agree that the impugned order warrants any interference by invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. The impugned order, according to me, does not result in any failure or miscarriage of justice. 3. This Crl.M.C. is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge