IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1174 of 2010()
1. M.K.ASAF ALI, RETIRED JOINT REGIONAL
... Petitioner
Vs
1. THE ASSISTANT PUBLIC PROSECUTOR,
... Respondent
2. STATE OF KERALA REPRESENTED
For Petitioner :SRI.P.BHASKARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/06/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.1174 of 2010
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Dated this the 11th day of June, 2010
ORDER
In this petition filed under Section 482 Cr.P.C, the
petitioner who is a prosecution witness (CW12) in
C.C.No.941/2009 on the file of the J.F.C.M, Ottappalam for
offences punishable under Sections 279 and 304A IPC, seeks a
direction to the Magistrate to exempt the petitioner from the list
of witnesses on the ground that he is suffering from a grave
illness “Adeno Carcinoma” and after undergoing a major surgery
at Leelavathy Hospital, Mumbai he is unable to travel a long
distance and undergo the stress and strain. The petitioner
retired from service on 28.2.2002 as a Joint R.T.O.
2. This Court called for a report from the J.F.C.M,
Ottapalam. The learned Magistrate as per letter dated 9.6.2010
has stated that on 22.3.2010 the witnesses including the
petitioner herein cited for the day were present and since the
court was engaged in other matters all the witnesses were bound
over to 3.6.2010. The evidence for the prosecution is still not
Crl. M.C. No.1174 of 2010
2
over and that no warrant has been issued to the petitioner.
3. It appears that the learned Magistrate is indulging in
staggered recording of evidence and the consequence is that the
petitioner is put to untold harship. The fact that no warrant has
been issued against the petitioner is not a solace. Accordingly
having regard to the morbid condition of the petitioner, his
examination in the case is dispensed with and the M.V.I.
certificate issued by the petitioner shall be proved through any
other witness, who is able to identify the petitioner’s signature or
handwriting. The Asst.Public Prosecutor in charge of the case
could have used his discretion and exempted the petitioner from
examination.
This Crl.M.C is disposed of as above.
Dated this the 11th day of June, 2010.
V. RAMKUMAR, JUDGE
sj