IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 979 of 2008() ------------------------ AGAINST THE ORDER DATED 04/01/2008 IN CMP 121/08 ORDER IN CC.1168/2005 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: ACCUSED 2 AND 3 ------------------------------------ 1. PRAKASH, AGED 42, PARAMBIL, VADAKKETHIL, MANAPPALLY, KOLLAM. 2. RAMACHANDRAN, AGED 45, -DO- -DO- BY ADV. SRI.N.SURESH SRI.JIJI MATHEW RESPONDENTS: COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 979 of 2008 ========================== Dated this the 12th day of March, 2008. O R D E R The petitioners, who are accused Nos. 2 and 3 (father-in- law and the brother of the father-in-law of the de facto complainant) in a prosecution under Section 498 A IPC, filed C.M.P. No. 121 of 2008 before the Judicial First Class Magistrate, Mavelikkara under Section 311 Cr.P.C for permission to cross examine PWs 1 and 2 who could not be cross examined by the petitioners' counsel earlier. The case which is under trial is C.C. No. 1168 of 2005. As per Annexure 2 order dated 04.01.2008, the learned Magistrate dismissed the application. Hence this Crl.M.C. 2. No useful purpose will be served by shutting out an opportunity to the accused persons to cross examine PWs 1 and 2. Even if the case ends in a conviction, the chances of a remand cannot be ruled out for the reason that PWs 1 and 2 were not cross examined by the accused although an opportunity was given to them. Hence, the impugned order is set aside and CRL.M.C. NO. 979/2008 : 2: accused Nos. 2 and 3 shall be permitted to cross examine PWs 1 and 2. The petitioners shall appear before the trial court on the next date of posting on which day the Magistrate shall permit the petitioners to recall PWs 1 and 2 for cross examination. The case shall thereafter disposed of expeditiously. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 979/2008 : 3: