IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1976 of 2010()
1. HARIDASAN, AGED 48 YEARS,S/O.KUTTAYI,
... Petitioner
2. SHITHIN @ KANNA, AGED 20 YEARS,
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 :08/06/2010
O R D E R
V. RAMKUMAR, J.
......................................................
Crl.M.C. No. 1976 of 2010
.......................................................
Dated: 8th day of June, 2010
ORDER
Petitioners who are accused Nos. 1 and 2 in C.C. No. 650
of 2008 on the file of the J.F.C.M., Kunnamangalam for
offences punishable under Sections 448, 341 and 323 read with
Sec. 34 I.P.C. challenge Annexure A1 order dated 26-04-2010
passed by the learned Magistrate dismissing their application
under Section 311 to cross-examine P.W.1 who was examined
in-chief on 19-01-2010. It was after the defence counsel failing
to cross-examine P.W.1 on 19-01-2010 and on the next date of
posting that the court below was not inclined to allow the prayer.
But the fact remains that P.W.1 was not cross-examined by the
petitioners. Though reluctantly, I am inclined to give one more
opportunity to the petitioner to cross-examine P.W.1 on
condition that they will bear the entire expenses including the
witness batta for the cross-examination of P.W.1. The Court
Crl.M.C. 1976 of 2010 -:2:-
below shall give the petitioner an opportunity to cross-examine
P.W.1 after posting the case on a convenient date . C.C. No. 650
of 2008 shall be disposed of only thereafter.
Dated this the 8th day of June, 2010.
V. RAMKUMAR,
(JUDGE)
ani.