IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH DECEMBER 2006 / 24TH AGRAHAYANA 1928 Crl.MC.No. 2543 of 2006() ------------------------- CC.437/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: 2ND ACCUSED: -------------------------------------- K. VIJAYAN, THROUGH HIS BROTHER K PRAKASHAN, S/O. K. KRISHNAN NAIR, AGED 35 YEARS, KEERAKKARAM HOUSE, IRINAVU P.O., KANNUR. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: -------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR.RAMACHANDRAN V., S/O. KUNHAPPA, AGED 40 YEARS, VELLUTHERI HOUSE, IRINAVU ROAD, P.O. IRINAVU, KANNUR DISTRICT. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) PUBLIC PROSECUTOR SRI.K.A.AKBAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT.J ------------------------------------------------------------ Crl.M.C. No. 2543 OF 2006 ------------------------------------------------------------- Dated this the 15th day of December 2006 ORDER The records have not been produced. The impugned order has also not been produced. But after discussions at the Bar I am satisfied that this Crl.M.C. can now be disposed of without waiting any longer and facilitating further protraction of the matter. 2. The petitioner is an accused in a prosecution under Section 341, 323 and 324 of the I.P.C. initiated on the basis of a private complaint filed by the second respondent herein. The petitioner was the second accused. Trial against the co-accused is already over and the case ended in conviction. The petitioner could not cross-examined PWs 1 to 4 at the earlier stage . After 313 examination the petitioner filed an application for the permission to recall PWs 1 to 4. The learned Magistrate dismissed the application under section 311 of the Cr.P.C and rejected the prayer for opportunity to cross-examine PWs 1 to 4 ... after recalling them........ After another hearing the counsel for both contestants. I am satisfied that this Crl.M.C. can be disposed of subject to appropriate conditions which shall ensure the interests of justice. Crl.M.C. 2543/2006 -2- 3. In the result this Crl.M.C. is allowed. The learned Magistrate shall grant the petitioner further opportunity to cross-examine all witnesses on condition that the petitioner deposits cost of Rs. 150/- each to all the four witnesses in addition. The normal batta which they would be entitled to get. 4. The learned counsel for the respondents prays that there may be a direction for a time bound expeditious disposal of the case. I find that such a request to be absolutely justified. the learned Magistrate shall dispose of the matter within three months from the date of which a copy of this order is placed before the learned Magistrate. A copy of the order shall be handed over to both counsel for the contestants . The complainant/ second respondent to ensure the expeditious delivery of the order by the learned Magistrate R.BASANT, JUDGE es Crl.M.C. 2543/2006 -3-