IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Crl.MC.No. 1800 of 2009 ------------------------- AGAINST THE ORDER DATED 29/04/2009 IN CMP. 1526 /2009 IN CC.590/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- 1. AYITHA, S/O. KORAGE,AGED 42 YEARS, HEROOR. 2. KRISHNAPPA, S/O. CHENTHAPPA, AGED 30 YEARS, PARAPPU HOUSE, KUDALMERKALA POST. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1800 of 2009 ================== Dated this the 2nd day of June, 2009. O R D E R Petitioners are accused in C.C.No.590/2007 on the file of the Chief Judicial Magistrate Court, Kasaragod. After examination of the prosecution witnesses, petitioners filed Annexure A1 application under Section 311 of the Code of Criminal Procedure, to recall PW3 and PW5. Learned Magistrate under Annexure A2 order, dismissed the application holding that no reason is shown. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure A2 order. 2. Learned Counsel appearing for petitioner was heard. 3. Annexure A1 application does not show any valid reason to satisfy the Court that for the just decision of the case either PW3 or PW5 is to be recalled. The application Crl.M.C.No.1800/2009 -2- does not disclose on what aspect PW3 or PW5 is to be recalled and examined. Under such circumstances dismissal of the application does not warranted any interference in exercise of the power provided under Section 482 of the Code of Criminal Procedure. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr