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.
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CRL.M.C.NO.1132 OF 2010
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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.