Petitioner sought to close the criminal miscellaneous petition and seek option to apply for re-examination of a witness. Court accepted the request and dismissed the petition.
Petition closed; option granted to apply to Magistrate to recall witness PW23 for cross-examination.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930
Crl.MC.No. 1342 of 2008()
------------------------CRIME NO. 274/02 OF VAIKOM POLICE STATION AGAINST THE ORDER DATED 25/03/2008 IN CMP 1857/2008 IN CC.277/2004 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM
PETITIONER: ACCUSED NO.2
RAJALAKSHMI, J.J.APARTMENTS, COCHIN CORPORATION, 42/211, KALOOR, ERNAKULAM.
BY ADV. SRI.S.RAJEEV
RESPONDENTS: STATE
STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.274 OF 2002 OF VAIKOM POLICE STATION).
BY PUBLIC PROSECUTOR SRI. GIKKU JACOB
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 18th day of September, 2008
O R D E R
The learned counsel for the petitioner submits that this petition has now become infructuous as the witness in question, PW23, has already been further examined before the court below during an interregnum period during which there was no order of stay. The learned counsel, in these circumstances, submits that this Crl.M.C. may now be closed leaving open the option of the petitioner to apply before the learned Magistrate to re-call the said witness for further cross examination. Request accepted.
(R. BASANT) Judge
tm
1 issue framed by the court
whether the criminal miscellaneous petition regarding re-call of witness has become infructuous
RAJALAKSHMI
STATE OF KERALA
R. BASANT
As recorded by the court registry
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