Dismissed

Mary v. State of Kerala

Kerala HC21 Jul 2022Crl.MC/590/2020

Case brief

AI extract

What is this about?

The High Court dismissed the criminal Miscellaneous case challenging the trial court's order allowing a petition under Section 311 Cr.P.C. The trial court permitted summoning hospital records to resolve a discrepancy between a wound certificate and First Information Statement regarding the victim's hospitalization status.

What did the court decide?

Criminal Misc. Case dismissed; order of trial court citing Section 311 Cr.P.C to summon hospital records was upheld.

Mary Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 21ST DAY OF JULY 2022 / 30TH ASHADHA, 1944
CRL.MC NO. 590 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CC 225/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA

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PETITIONER/RESPONDENT NO.2/ACCUSED NO.2:

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MARY
AGED 53 YEARS
W/O ANTONY, VADAKKE KURIKAYIL HOUSE,
NORTH OF PADIPPURA TODDY SHOP, PATHAM MILE,
UDAYAMPEROOR, MANAKKUNNAM VILLAGE, ERNAKULAM DISTRICT.
BY ADVS.
ANIL K.MOHAMMED
SRI.BENNY M.JOHN
SRI.V.S.MANSOOR
SMT.BINU K.B.

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RESPONDENT/PETITIONER/COMPLAINANT:

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1STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE,
UDAYAMPEROOR REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
PIN - 682031
**2VIJI R., AGED 35 YEARS, D/O VIJAYAN
INDEEVARAM, VALIYAKULAM, UDAYAMPEROOR, THRIPUNITHURA
ERNAKULAM DIST.
**ADDL.R2 IS IMPLEADED AS PER ORDER IN
CRL.M.A.NO.1/2022 DATED 21.07.2022 IN
CRL.M.C.NO.590/2020
BY ADVS.
V.K.BALACHANDRAN
DRISHYA K.PRAKASH

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SRI P G MANU-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 590 OF 2020

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-2-

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JUDGMENT

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This Crl.M.C.has been filed challenging Annexure C order passed by the Judicial First Class Magistrate, Tripunithura in C.M.P.No.3435/2019.

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The petitioner is the accused. The offences alleged against the petitioner are under Sections 323, 325, 506(i), 498(A) & 34 of the Indian Penal Code. Entire evidence was closed and the case was posted for hearing. At the juncture, the prosecution filed a petition, C.M.P.No.3435/2019, under Section 311 of Cr.P.C to issue summons to the Superintendent, Taluk Head Quarters Hospital, Tripunithura, to produce entire treatment records of CW1. The court below, allowed the said petition as per Annexure C order. It is under challenge in this Crl. M.C.

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I have heard Sri. Anil K.Muhamed, the learned counsel for the petitioner, Sri. V.K.Balachandran, the learned counsel for the additional 2^nd respondent as well as Sri. P.G.Manu, the learned Senior Public Prosecutor.

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The wound certificate of CW1 was admitted in to evidence and

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CRL.MC NO. 590 OF 2020

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marked. The wound certificate shows that CW1 was treated as out patient on 24.04.2014. But a reading of FIS would show that, in fact, CW1 was admitted as inpatient. It was in these circumstances, the petition has been filed to summon the entire treatment records to prove whether CW1 was actually hospitalized or not.

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Section 311 of Cr.P.C gives wide power to the Magistrate Court to summon any witness or to recall any witness already examined at any stage of the proceedings, provided it is necessary for the just decision of the case. Similarly, Section 91 of Cr.P.C can be invoked at any stage of the proceedings. Here, the prosecution wanted to call for the records and also to recall CW1 only to clear the confusion about the hospitalization of CW1. I am of the view that the Court below is absolutely justified in allowing the petition.

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Accordingly, Crl.M.C is dismissed.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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uu 21.07.2022

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CRL.MC NO. 590 OF 2020

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-4-

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APPENDIX OF CRL.MC 590/2020

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PETITIONER ANNEXURES
ANNEXURE APHOTOCOPY OF CMP NO.3435/2019 IN CC
NO.222/2015 OF THE COURT OF JUDICIAL
FIRST CLASS MAGISTRATE, TRIPUNITHURA.
ANNEXURE BPHOTOCOPY OF THE OBJECTION.
ANNEXURE CCERTIFIED COPY OF ORDER DATED 27/12/2019
IN CMP NO.3435/2019 IN CC NO.222/2015 OF
THE COURT OF JUDICIAL FIRST CLASS
MAGISTRATE, TRIPUNITHURA.

Mary v. State of Kerala

Case brief

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Mary v. State of Kerala

Case brief

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