IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3284 of 2006()
1. MAJA, D/O.THANKAPPAN,
... Petitioner
Vs
1. AJITH SUPRAN, S/O.SUPRAN,
... Respondent
2. KARTHIKEYAN @ BABU,
3. ANIL BABU, S/O.AYYAPPANKUNJU,
4. BAIJU, S/O.PADMANABHAN,
5. STATE OF KERALA,
For Petitioner :SRI.M.R.ARUN KUMAR
For Respondent :SRI.K.RAMANATHAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :18/09/2009
O R D E R
A.K. Basheer, J.
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Crl.M.C. 3284 of 2006-A
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Dated this the 18th day of September, 2009
ORDER
The grievance of the petitioner who is the complainant in
C.C.No. 646 of 2004 pending before the court below is that her request
to issue summons to the witnesses was turned down unjustifiably.
2. Having perused the materials available on record, I cannot
subscribe to the view that the court below had not afforded sufficient
opportunity to the petitioner to examine her witnesses. In fact, the
learned Magistrate had given sufficient opportunity to the petitioner in
this regard. However having regard to the peculiar facts and
circumstances, I am satisfied that the prayer made by the petitioner to
summon the witnesses shown in the list can be allowed on terms. If
the petitioner pays a sum of Rs.3,000/- as costs to respondents 1 to 4
herein, the request made by her in CMP.4803/2006 shall stand allowed.
If the petitioner fails to pay the said amount on or before October 15,
2009, this Crl.M.C shall stand dismissed. If the amount is paid the
court below shall issue summons to the witnesses.
Crl.M.C is disposed of in the above terms.
A.K. Basheer
Judge.
an.