IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 2145 of 2011 ------------------------- SC.397/2010 of ADDL. DISTRICT AND SESSIONS COURT (ADHOC-III), KASARAGODE .................... PETITIONER(S): ACCUSED ---------------------- VELLAN, S/O.KANNAN, 52 YEARS, RESIDING AT KALLUVALAPPU COLONY, ENNAPPARA, THAYANNUR GRAMOM, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.V.SHYLAJA SRI.K.ABDUL NASSAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE, HOSDURG POLICE CIRCLE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2145 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011 ORDER Petitioner is arrayed as accused in S.C.No.397/2010 on the file of Additional and District Sessions (Adhoc III) Court, Kasaragod for the offence punishable under Section 302 of the Indian Penal Code. Petitioner in this Criminal Miscellaneous Case prays for a direction to the court below to afford an opportunity to him to argue his case through his counsel as reply to the summing up of prosecution case as provided under Section 234 of the Code of Criminal Procedure. 2. According to the petitioner, the defence counsel on behalf of the petitioner was absent on 11/7/2011, the date fixed by the Judge for argument and the learned Sessions Judge has posted the case for judgment on 18-7-2011 without giving the petitioner an opportunity of hearing. 3. If the petitioner files an application to give an opportunity of hearing, the learned Magistrate shall consider the same and fix another date for argument and thereafter pass judgment. Criminal M.C. is disposed of. B.P.RAY, JUDGE jes