IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 862 of 2009() 1. VARGHESE, AGED 57 YEARS, S/O.VARGHESE, ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY ... Respondent For Petitioner :SRI.P.SANTHOSH (PODUVAL) For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice M.N.KRISHNAN Dated :26/03/2009 O R D E R M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 862 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R
This petition is filed with a prayer to quash Annexure-B
order. By the said order the Court below has directed to
reopen the evidence and issue summons to four witnesses
which includes one person who has been already been
examined as a witness on the defence side as DW1. I do not
want to commend upon it at this stage for the reason as the
application has been issued without hearing the accused.
Therefore I set aside the order passed by the Court below
and direct the Court below to consider Annexure A request
afresh and pass appropriate orders after hearing the parties
concerned. It is also desirable that the prosecution state the
purpose for which these witnesses are to be examined. With
this observation the Crl.M.C. is disposed of.
M.N. KRISHNAN, JUDGE.
ul/-