High Court Kerala High Court

K.Unnikrishnan vs State Of Kerala on 30 August, 2010

Kerala High Court
K.Unnikrishnan vs State Of Kerala on 30 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1132 of 2010()


1. K.UNNIKRISHNAN, S/O.K.MADHAVAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP BY THE
                       ...       Respondent

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/08/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.
           ---------------------------------------------
            CRL.M.C.NO.1132 OF 2010
           ---------------------------------------------
              Dated 30th        August, 2010


                          O R D E R

Petitioner is the accused in

S.C.782/2007 on the file of Assistant

Sessions court, Palakkad. This petition is

filed under Section 482 of Code of Criminal

Procedure to quash Annexure-A3 order

passed by learned Assistant Sessions Judge

in Crl.M.P.541/2009 whereunder prayer of

the prosecution to send the sample to

Chemical Analyst was allowed.

2. Learned counsel appearing for

the petitioner and learned Public

Prosecutor were heard.

       3.        Argument              of       the        learned

counsel is that         learned Assistant Sessions

Judge should not have sent the sample for

Crmc 1132/10 2

examination at a belated stage when there is no

evidence to prove the identity of the sample

and the purpose is only to fill up the lacuna.

2. Learned Assistant Sessions Judge

invoking the power under Section 311 of Code of

Criminal Procedure finding that it is just and

necessary to get a report of the Chemical

Analysis sent the sample for examination.

Question whether identity of the sample is

established or not is a matter available to be

canvassed to the petitioner before the learned

Assistant Sessions Judge at the time of trial.

Petitioner is entitled to raise all the

contentions before the learned Assistant

Sessions Judge including identity of the

sample.

Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.