High Court Kerala High Court

M.K.Asaf Ali vs The Assistant Public Prosecutor on 11 June, 2010

Kerala High Court
M.K.Asaf Ali vs The Assistant Public Prosecutor on 11 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1174 of 2010()


1. M.K.ASAF ALI, RETIRED JOINT REGIONAL
                      ...  Petitioner

                        Vs



1. THE ASSISTANT PUBLIC PROSECUTOR,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED

                For Petitioner  :SRI.P.BHASKARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :11/06/2010

 O R D E R
                      V. RAMKUMAR, J.
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                   Crl.M.C..No.1174 of 2010
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              Dated this the 11th day of June, 2010

                             ORDER

In this petition filed under Section 482 Cr.P.C, the

petitioner who is a prosecution witness (CW12) in

C.C.No.941/2009 on the file of the J.F.C.M, Ottappalam for

offences punishable under Sections 279 and 304A IPC, seeks a

direction to the Magistrate to exempt the petitioner from the list

of witnesses on the ground that he is suffering from a grave

illness “Adeno Carcinoma” and after undergoing a major surgery

at Leelavathy Hospital, Mumbai he is unable to travel a long

distance and undergo the stress and strain. The petitioner

retired from service on 28.2.2002 as a Joint R.T.O.

2. This Court called for a report from the J.F.C.M,

Ottapalam. The learned Magistrate as per letter dated 9.6.2010

has stated that on 22.3.2010 the witnesses including the

petitioner herein cited for the day were present and since the

court was engaged in other matters all the witnesses were bound

over to 3.6.2010. The evidence for the prosecution is still not

Crl. M.C. No.1174 of 2010
2

over and that no warrant has been issued to the petitioner.

3. It appears that the learned Magistrate is indulging in

staggered recording of evidence and the consequence is that the

petitioner is put to untold harship. The fact that no warrant has

been issued against the petitioner is not a solace. Accordingly

having regard to the morbid condition of the petitioner, his

examination in the case is dispensed with and the M.V.I.

certificate issued by the petitioner shall be proved through any

other witness, who is able to identify the petitioner’s signature or

handwriting. The Asst.Public Prosecutor in charge of the case

could have used his discretion and exempted the petitioner from

examination.

This Crl.M.C is disposed of as above.

Dated this the 11th day of June, 2010.

V. RAMKUMAR, JUDGE

sj