IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 23356 of 2008(E) -------------------------- CMP.3685/2007 of C.J.M.,THODUPUZHA .................... PETITIONER: ------------ MUJEEB, S/O.MOHAMMED, THATTUPARAMBIL VEEDU, EDAVETTY KARA, KARIKODE VILLAGE. BY ADV. SRI.C.V. MANUVILSAN SRI. G. SUDHEER SRI. VIDYA MANUVILSAN RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.23356 of 2008 ------------------------------------- Dated this the 18th day of August, 2008 J U D G M E N T Report of the learned Chief Judicial Magistrate is perused. It shows that PW3, who is sought to be recalled, is now working at Thodupuzha Police Station and is available to be examined. I am satisfied, in these circumstances, that no further directions need be issued, as sufficient clear directions have already been issued as per the order dated 04.08.08 passed in this Writ Petition. 2. The report of the learned C.J.M shows that Crl.R.P.No.2589 of 2008 has been filed and interim stay for a period of one month is ordered by another Bench of this Court. I need only observe that appropriate further action can be taken by the learned Magistrate hereafter in the light of the orders that may be issued by the Bench of this Court dealing with Crl.R.P.No.2589 of 2008. 3. This Writ Petition is, in these circumstances, allowed in part, reiterating the direction that PW3 shall be recalled for cross examination on condition of payment of cost as directed in the order dt.04.08.08. The learned counsel for the petitioner submits W.P(C). No.23356 of 2008 2 that cost has already been deposited as directed in the order dt.04.08.08. No further directions are, in these circumstances, necessary. (R.BASANT, JUDGE) rtr/- W.P(C). No.23356 of 2008 3 R.BASANT, J ------------------------------------ W.P(C). No.23356 of 2008 ------------------------------------- Dated this the 4th day of August, 2008 ORDER The short grievance of the petitioner is that the petitioner's prayer to recall PW3, who is allegedly an eye witness/a police constable has been refused and his petition has been dismissed as per Ext.P4 order. 2. I have heard the learned counsel for the petitioner. I have heard the learned Public Prosecutor. The learned Public Prosecutor does not oppose the said prayer. Subject to appropriate conditions, the petitioner may be granted opportunity to cross examine the witness/PW3, submits the learned Public Prosecutor . 3. Call for a report from the learned Magistrate. Is PW3 available to be recalled ? I need only mention that if the witness W.P(C). No.23356 of 2008 4 is available to be recalled, opportunity shall be given to the petitioner to further cross examine PW3 on condition that the petitioner deposits a cost of Rs.500/- (Rupees Five hundred only) before the court below within a period of 3 days from this date 4. Hand over a copy of this order to the learned counsel for the petitioner. 5. The learned Chief Judicial Magistrate, Thodupuzha in the report to be submitted by him shall report to this Court the steps taken in pursuance of this order. 6. Call on 18.08.08. (R.BASANT, JUDGE) rtr/-