Unnikrishnan v. Sajini
Case brief
What is this about?
High Court dismissed appeal against Magistrate's order refusing to recall a witness examined under Section 311 CrPC. Court held no interference warranted as petitioner already had opportunity to cross-examine.
What did the court decide?
Petition dismissed; no interference with Magistrate's order refusing recall of witness.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934
Crl.MC.No. 3191 of 2012 ()
CRL.M.P.NO.4737/2012 IN MC.62/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THRISSUR
PETITIONERS/PETITIONERS:
1. UNNIKRISHNAN, S/O. K.K.VASU, KOOTUMAKKAL HOUSE, KIZHAKUMURI, PERINGOTTUKARA, ANTHIKKAD, THRISSUR.
2. KANNAN @ MURALI S/O. K.K.VASU, KOOTTUMAKKAL HOUSE, KIZHAKKUMURI, PERINGOTTUKARA, THRISSUR.
3. KANAKA, D/O. K.K.VASU, KOOTTUMAKKAL HOUSE, KIZHAKKUMURI, PERINGOTTUKARA, THRISSUR.
BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the order of the learned magistrate dismissing an application to recall a witness already examined under Section 311 CrPC.
Whether the exercise of inherent powers under Section 482 CrPC warrants recalling a witness who has already been examined and cross-examined.
Whether the discretion of the magistrate under Section 311 CrPC to refuse a further examination of a witness after closing of evidence was correctly exercised.
Parties & counsel
- petitioner
Unnikrishnan
- petitioner
Kannan @ Murali
- petitioner
Kanaka
- respondent
Sajini
- respondent
State of Kerala
Case details
As recorded by the court registry
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