IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25224 of 2007(C)
1. RAMACHANDRAN, S/O. GOPALAN, AGED 55,
... Petitioner
Vs
1. THE PREVENTIVE OFFICER,
... Respondent
For Petitioner :SRI.K.R.SUNIL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/08/2007
O R D E R
R.BASANT, J.
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W.P.C.No.25224 of 2007
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Dated this the 18th day of August 2007
J U D G M E N T
The petitioner faces indictment in a prosecution under
Sections 8 and 55 of the Kerala Abkari Act. The prosecution
evidence has already been adduced. The petitioner has been
examined under Section 313 Cr.P.C on 7/8/2007 and on
8/8/2007, the petitioner filed a list of defence witnesses.
Accepting the prayer of the petitioner, summons was issued to
one of the witnesses. Altogether there were two witnesses to be
examined. On 16/8/2007, the accused was present. The
witnesses were also present; but unfortunately counsel for the
accused was not present when the case was called. According to
the petitioner, his counsel was engaged in another court and
that is why he could not be present. In as much as there was no
one to examine the defence witnesses and the accused could not
examine those witnesses, it is submitted that the defence
witnesses were sent back by the court and the matter was posted
for hearing to this day which has been adjourned from today to
20/8/2007 for hearing arguments.
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2. The short submission of the learned counsel for the
petitioner is that he may be granted an opportunity to examine
both these witnesses on 20/8/2007. It causes embarrassment to
the learned counsel and failure of justice as against the accused,
submits the learned counsel for the petitioner.
3. Having considered all the relevant circumstances, I
am satisfied that the prayer of the petitioner can be allowed.
There shall hence be a direction that the court below shall
permit the petitioner to examine both the defence witnesses who
shall be produced by the petitioner as agreed by his counsel on
20/8/2007. The court below shall thereafter dispose of the case,
in accordance with law.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.25224/07 3
W.P.C.No.25224/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007