IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 668 of 2010() ------------------------ CRA.58/2010 of SESSIONS COURT, MANJERI .................... PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------ KOODAN KUTTAN @ BALASUNDARAN, S/O.CHATHAN, AMARAMABLAM, NADUKUNNU, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, WANDOOR-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.668 of 2010 -------------------------- ORDER Petitioner was convicted and sentenced for the offences under Sections 380, 457 and 461 of Indian Penal Code by Judicial First Class Magistrate-II (Forest Offences), Manjeri in C.C.No.87/2007 by Annexure-A judgment. Petitioner filed Crl.A.No. 58/2010 before Sessions Court, Manjeri challenging the conviction and sentence. Appeal was not filed within time. He filed a petition to condone the delay. According to the petitioner, the delay was condoned. But, even though Annexure-C petition (Crl.M.P.No.292/2010) was filed under Section 389 of Code of Criminal Procedure for suspension of the sentence, learned Sessions Judge did not pass any order on the petition and posted the case to 21.5.2010, calling for a report from the prosecution. This petition is filed under Section 482 of Code of Criminal Procedure for a direction CRMC 668/10 2 to the learned Sessions Judge to pass order on Annexure-C petition. 2. When the conviction and sentence passed by the learned Magistrate is challenged in an appeal and in the appeal Annexure-C petition is filed to suspend the sentence, learned Sessions Judge is bound to pass orders at the earliest and was not justified in adjourning the case to a day beyond vacation. In such circumstances, petition is disposed directing Sessions Judge, Manjeri to pass appropriate order in Annexure-C petition (Crl.M.P. No.292/2010) filed in Crl.A.No.58/2010, if the delay in filing the appeal is condoned, within seven days from the date of receipt of a copy of this order. 25th February, 2010 (M.Sasidharan Nambiar, Judge) tkv