IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3763 of 2010() ----------------------- CRL. M.P. 2145/10 IN CC.964/2007 of JUDL. FIRST CLASS MAGISTRATE COURT-I, KOCHI .................. PETITIONER : ------------------ GANGADHARAN, AGED 62 YEARS, S/O.KANNAN, KOCHIAMPARAMBIL, KAITHARAM, PARAVUR. BY ADV. SMT.PRAMEELA.C.K. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SASI, S/O.KANNAN, AGED 49 YEARS, VYPITHARA, PUTHUVYPU, VYPIN. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3763 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER Petitioner the complainant in C.C.964/2007 on the file of Judicial First Class Magistrate's Court-I, Kochi filed this petition challenging Annexure B order passed by the learned Magistrate dismissing M.P.2145/2010 filed by the petitioner under section 311 of Code of Criminal Procedure to receive the specimen signatures of the petitioner as well as the witness. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that the specimen signature of the petitioner and PW2 is necessary for obtaining a report from the expert and the learned Magistrate was not justified in dismissing the application. Crl.M.C.3763/2010 2 Annexure B order shows that the disputed signatures in other document were already compared by an expert and the opinion of expert is available. It is in such circumstances, learned Magistrate found that it is not just and necessary to receive the documents for a just decision of the case. I find no illegality or irregularity in Annexure B order. Petitioner is at liberty to challenge Annexure B order along with the final judgment, if it goes against him. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006