IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3950 of 2010()
1. K.C.SHAJI, S/O.CHACKO,
... Petitioner
2. TOMY JOSEPH, S/O.JOSE,
3. S.JYOTHI PRAKASH, S/O.K.R.RAJU,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.AMJAD ALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3950 OF 2010
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Dated 6th December, 2010
O R D E R
Petitioners, the accused in
C.C.106/2007 on the file of Judicial First
Class Magistrate’s Court-I, Sulthan Bathery
filed Annexure-B petition under Section
311 of Code of Criminal Procedure to recall
Pws.1,2,4 and 5 for further cross
examination, without disclosing any reason
much less valid reason. By Annexure-D
order, Judicial First Class Magistrate
dismissed the petition. Petitioner
challenged that order before Sessions
Court, Wayanad in Crl.R.P.12/2010. By
Annexure-F order the revision was
dismissed. Petition is filed under Section
482 of Code of Criminal Procedure to quash
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Annexures-D and F orders.
2. Learned counsel appearing for the
petitioners was heard.
3. Argument of the learned counsel
appearing for the petitioner is that case
originally ended in acquittal and learned
Sessions Judge finding that the order of
acquittal is unmerited, set aside the order of
acquittal and remanded the case for fresh
disposal to the Magistrate and in such
circumstances, opportunity should have been
granted to recall Pws.1, 2, 4 and 5 as sought
for.
4. On hearing the learned counsel
and going through Annexures-D and F orders, I
do not find any reason to interfere with the
orders passed by the learned Magistrate and the
revisional Court. Annexure-B petition does
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not disclose any valid reason for recalling
Pws.1,2,4 and 5 who were examined and cross
examined earlier. In such circumstances,
petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
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