IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4802 of 2010() ------------------------- (ST.683/2007 of CHIEF JUDICIAL MAGISTRATE COURT,TRIVANDRUM) .................... PETITIONER/ACCUSED --------------------------------- C.LATHA, JUNIOR STENOGRAPHER, PROPELLANT FUEL COMPLEX, ISRO P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER (KARAKONAM) RESPONDENT/COMPLAINANT & STATE ---------------------------------------------------------- 1. NOUSHAD, S/O.MUHAMMED KANNU, NOUSHAM (TC 49/1), MANACAUD P.O., THIRUVANANTHAPURAM 695 001. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682 031. BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4802 of 2010 -------------------------- ORDER Petitioner, the accused in S.T.No.683/2007 on the file of Chief Judicial Magistrate's Court, Thiruvananthapuram, filed C.M.P.Nos.5103/2010, 5100/2010 and 5103/2010 under Section 311 of Code of Criminal Procedure. The first one is to re-open the evidence, second one is to examine the petitioner as a witness and third to sent the dishonoured cheque to an expert. By Annexures-E to G orders, learned Chief Judicial Magistrate dismissed the petitions. This petition is filed under Section 482 of Code of Criminal procedure to quash Annexures-E to G orders contending that learned Chief Judicial Magistrate should have granted sufficient opportunity to the petitioner to prove the defence case and the orders dismissing the petitions are not justifiable. CRMC 4802/10 2 2. Learned counsel appearing for the petitioner was heard. 3. Though petitioner would contend that sufficient opportunity was not granted to the petitioner, impugned orders reveal that after closing the evidence of the complainant and questioning the petitioner under Section 313 of Code of Criminal Procedure, case was posted for defence evidence to 10.12.2009, 28.1.2010, 21.4.2010 and 29.6.2010. It is, thereafter, the case was posted for arguments to 15.7.2010, 13.9.2010 and 9.11.2010. In such circumstances, learned Chief Judicial Magistrate was justified in dismissing the petitions. Petitioner is entitled to challenge the impugned orders along with the final order, if it goes against him. Petition is disposed. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv