IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 917 of 2005()
1. RAJAYYAN @ RAJU,
... Petitioner
Vs
1. PUSKARAN, S/O.THANKAPPAN,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.BLAZE K.JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated : 07/06/2005
O R D E R
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.917 OF 2005
DATED, THIS THE 7TH DAY OF JUNE 2005
CRL.M.C.NO.917/05
#
This is a petition filed under Section 482 of
the Code of Criminal Procedure to set aside the order
of the learned Magistrate dismissing C.M.P.3629/04
filed by the petitioner under Section 311 of Code of
Criminal Procedure and confirmed by the learned
Sessions Judge, Trivandrum in Crl.R.P.34/04.
Petitioner is the third accused in C.C.995/96 on the
file of the Judicial First Class Magistrate-I,
Neyyattinkara. Petitioner filed CMP 3629/04 under
section 311 of the Code of Criminal Procedure to
recall PW1 for purpose of cross examination which was
rejected by the learned Magistrate. Petitioner
challenged that order by preferring Crl.R.P.34/04.
Learned Sessions Judge has considered this aspect in
great detail. Though the Magistrate is competent to
exercise the power under Section 311 of Code of
Criminal Procedure, at any stage of the trial that
does not mean that petitioner is entitled to file a
petition to recall a witness already examined without
showing for what purpose witness has to be
cross-examined. That exactly is the case. Though
petitioner contends that learned Magistrate should
have permitted the PW1 and cross-examine him by the
petitioner, the purpose for which the
cross-examination is to be directed was not disclosed
in the petition. In such circumstance, the Magistrate
was perfectly correct in rejecting the petition. I
find no reason to interfere with the order passed by
the Magistrate especially when the petitioner is
already challenged that order before the revisional
court.
Crl.M.C. is disposed of as above.
.SP 1
M.SASIDHARAN NAMBIAR,
JUDGE.
tpl/-