IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3303 of 2009()
1. SRI.P.C.MUHAMMED, S/O.ABOOBACKER HAJI,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SRI.KANNAN, AGED 60 YEARS,
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 3303 OF 2009
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Dated 14th October 2009
O R D E R
Petitioner is the complainant in
S.T.340/2008 on the file of Judicial First Class
Magistrate-I, Thamarassery. Petitioner had filed an
application to summon the Manager of the Bank which
was allowed on 25/8/2009. Though petitioner was
permitted to take steps, steps were not taken and
finally by order dated 24/9/2009 evidence was closed
and the case was posted for questioning under Section
313 of Code of Criminal Procedure. This petition is
filed under Section 482 of Code of Criminal Procedure
to quash Annexure-3 order and to permit petitioner
to take out summons.
2. Learned counsel appearing for the
petitioner was heard.
3. Learned counsel submitted that though
there was an omission earlier to take steps,
petitioner was prepared to deposit batta on 24/9/2009
but without granting opportunity evidence was closed
CRMC 2879/09
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and the accused was subsequently questioned and the
case now posted for defence evidence to 24/10/2009.
4. In such circumstances, Annexure-3
order cannot be interfered as the case now stands
posted to defence evidence, after questioning the
accused. Petitioner has to file a petition under
Section 311 of Code of Criminal Procedure for
permission to examine the witness showing sufficient
reason. Learned counsel submitted that if such a
petition is filed based on Annexure-3 order,
permission will not be granted.
5. Learned Magistrate is directed not to
reject the prayer to examine the witness if such a
petition is filed for the sole reason that the
petitioner had failed to pay the batta earlier. If
for a just decision of the case the Magistrate finds
that examination of the Branch Manager is necessary
and petitioner files a petition under Section 311 of
Code of Criminal Procedure, the Magistrate can permit
the petitioner to examine the witness on terms.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
CRMC 2879/09
3
JUDGE.
uj.