IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2238 of 2010()
1. AJAYA GHOSH, S/O.A.V.VASU
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/06/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.2238 of 2010
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Dated this the 29th day of June, 2010
ORDER
Heard both sides.
Petitioner who is the sole accused in C.C.No.148/2008 on
the file of the Judicial Magistrate of the First Class,
Kunnamangalam for offences punishable under Sections 354
& 506(ii) of I.P.C. filed C.M.P.No.538/2010 before the court
below under Section 311 of Code of Criminal Procedure
praying to re-call PW.1 who was examined in chief on
19/8/2009 and who was not cross-examined by the defence
counsel as he was held up somewhere and his junior was
unwilling to conduct the cross-examination. The said petition
dismissed as per Annexure-I order dated 28/1/2010 (the date
of the order is wrongly shown as 19/8/2009 instead of
28/1/2010 which is a mistake as has been clarified by the
learned Magistrate). The learned Magistrate has observed
that the application was part of a dilatory tactics and that
opportunities had been given on earlier postings to cross-
examine PW.1. According to the petitioner three of the
adjournments earlier were due to the fact that there was no
Crl.M.C.No.2238/2010
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sitting before the court below. Whatever may be the reason
for not cross-examining PW1 earlier, the fact remains that
PW.1 who is the main prosecution witness in the case was not
cross-examined. It is also a fact that the petitioner applied for
an opportunity only at the fag end of the trial. Hence I am
inclined to put the petitioner on terms. In case the petitioner
deposits before the court below a sum of Rupees one thousand
by way of cost payable to the State within two weeks from
today the petitioner shall be entitled to cross-examine PW.1
whose witness bata shall also burne by the petitioner.
Annexure-I order is accordingly set aside. The petitioner is
given an opportunity to cross-examine PW.1.
This Criminal M.C. is allowed as above.
V.RAMKUMAR, JUDGE
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