This revision has been directed at the instance of the sole accused in C.C.No.21 of 2011 on the file of the learned VIII Judicial Magistrate, Coimbatore as against the grant of extension of time for prosecution in C.M.P.No.272 of 2011.

2. On 25.8.2006, a road accident has been reported to the respondent police alleging that it is a case of rash and negligent driving of the accused and he has also caused injuries to the victim. The police registered a case in Cr.No.250 of 2006 under Sections 279 and 338 I.P.C. As per Sec.460 Cr.P.C., charge sheet is to be filed on or before 24.8.2009. However, it was not filed in time. Later, on 31.1.2011 final report was filed by the respondent police along with a petition in C.M.P.No.272 of 2011 under Section 473 of Cr.P.C. seeking condonation of delay caused in filing the final report in the interest of justice.

3. The learned Magistrate in the said petition, passed the following impugned order:

''Records perused. Satisfied with the documents. Further statement of MVI Sivakumar and MVI report also enclosed. Hence delay condoned may be ordered.''

4. The learned counsel for the revision petitioner/accused contended that the learned Magistrate ha