ORDER

Can a Magistrate who had issued summons in a proceedings before him is justified to insist filing of vakalath by the accused, is the short question posed for consideration in this Crl.M.C. Petitioner is the accused in S.T. No. 3557/2016 pending before the Judicial First Class Magistrate – I, North Paravur. He faces allegations under Sections 279 of the Indian Penal Code and Section 185 of the Motor Vehicles Act. The allegation is that on 12.10.2016, at 5.45 P.M., the Sub Inspector of police, North Paravur police station found the petitioner riding a motor cycle bearing registration No. KL-07-AC-1437 in a rash and negligent manner under the influence of alcohol. He was intercepted, subjected to breath analyzer test and found having drunk and thus after registering the crime, he was released on bail. Thereafter, summons was issued by the learned Magistrate pursuant to which a counsel entered appearance and filed a memo of appearance. Through the counsel the petitioner wanted to plead guilty. But by the impugned Annexure 2 order dated 08.07.2021, the learned Magistrate dismissed the application, for the simple reason that no vakalath is filed, that instead of filing vakalath, a m