Kabeer vs State Of Kerala on 30 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1384 of 2009()


1. KABEER, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. VALIYIL MOOSA, AGED 54 YEARS,

                For Petitioner  :SRI.A.RANJITH NARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/04/2009

 O R D E R
                        V. RAMKUMAR, J.
                  * * * * * * * * * * * * * * * * * *
                  Crl.M.C. NO. 1384 of 2009
                  * * * * * * * * * * * * * * * * * *
                      Dated: 30-04-2009

                               ORDER

Petitioner who is the accused in C.C. No. 109 of 2006

pending before the J.F.C.M. V, Kozhikode, for offences

punishable under Sections 406 and 420 I.P.C. seeks a direction

to dispose of Annexure A6 petition said to be pending before

the said Magistrate. According to the petitioner , the

documents prayed for in Ext.A6 petition filed as C.M.P. 2220 of

2009 are necessary for the effective cross-examination of the

witnesses.

2. The case admittedly stands posted for prosecution

evidence. The rule of day-to-day trial cannot be dislocated by

allowing the petitioner to get the documents for the purpose of

cross-examination. He can file a petition at the appropriate

stage and as and when his petition is allowed, I am sure that the

learned Magistrate will permit the prosecution witnesses already

examined to be summoned again for the purpose of cross-

examination depending on the relevancy and probative value of

the document, if any, summoned at that stage.

With the above liberty, this Crl.M.C. is dismissed.

V. RAMKUMAR,
(JUDGE)

ani

ani.