IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 597 of 2005(D)
1. SOMANATHA KURUP,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/12/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
------------------------------------------
CRL.R.P. NO. 597 OF 2005
------------------------------------------
Dated this the 5th day of December, 2008
O R D E R
Revision is filed challenging the order passed by Judicial
First Class Magistrate-II, Pathanamthitta directing the prosecution
to produce section 3(1) notification by invoking the power under
section 311 of Code of Criminal Procedure. Revision is filed relying
on the decision of a learned Single Judge of this Court in Sajeendra
Vs. Thalakulatahoor Grama Panchayatah ( 2004 (1) KLT 69)
where it was held that the power under section 311 of Code of
Criminal Procedure could be invoked by the Magistrate only till the
case is heard and posted for judgment and not thereafter. That
decision is not good law in view of Division Bench decision of this
Court in Sree Venkatadeswara Enterprises Vs. Rajasekharan
Nair (2006 (3) KLT 930). As the Magistrate is entitled to invoke
the power under section 311 of Cr.P.C. for a just decision of case at
any time before pronouncing the judgment and the notification is
necessary for a just decision of the case the order cannot be
challenged on that ground. There is no merit in the revision.
Revision is therefore dismissed.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-