IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 597 of 2005(D) ------------------------------ CC.276/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PATHANAMTHITTA .................... REVN. PETITIONER(S)/APPELLANT/1ST ACCUSED: -------------------------------- SOMANATHA KURUP, S/O. NARAYANAN NAIR, CHEMBAKAMNILKUNNATHIL, IRAVON VILLAGE, KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENT(S)/STATE: -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECTOR SRI. C.M. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRRP /2008 OR DER ON CRL.M.A. 3108 OF 2005 IN CRRP 597 OF 2005 DISMISSED 5.12.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 597 OF 2005 ------------------------------------------ Dated this the 5th day of December, 2008 O R D E R Revision is filed challenging the order passed by Judicial First Class Magistrate-II, Pathanamthitta directing the prosecution to produce section 3(1) notification by invoking the power under section 311 of Code of Criminal Procedure. Revision is filed relying on the decision of a learned Single Judge of this Court in Sajeendra Vs. Thalakulatahoor Grama Panchayatah ( 2004 (1) KLT 69) where it was held that the power under section 311 of Code of Criminal Procedure could be invoked by the Magistrate only till the case is heard and posted for judgment and not thereafter. That decision is not good law in view of Division Bench decision of this Court in Sree Venkatadeswara Enterprises Vs. Rajasekharan Nair (2006 (3) KLT 930). As the Magistrate is entitled to invoke the power under section 311 of Cr.P.C. for a just decision of case at any time before pronouncing the judgment and the notification is necessary for a just decision of the case the order cannot be challenged on that ground. There is no merit in the revision. Revision is therefore dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-