IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Crl.MC.No. 2472 of 2011() ------------------------------------- CC.NO. 468/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR CRIME NO.187/2008 OF PERINGOM POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------ ELIKUTTY @ ELIYAMMA, AGED 60 YEARS, W/O.KUNJEPPU,VATTATHODYIL HOUSE, KOZHICHAL P.O.,PULINGOM, KANNUR DISTRICT BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT(S)/ STATE & DE-FACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, (THE SUB INSPECTOR OF POLICE, PERINGOM POLICE STATION CRIME NO-187/2008),REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. ANNAMMA, W/O.JOHN, PALAKKUNNEL HOUSE, KOZHICHAL P.O.,PULINGOM VIA, KANNUR DISTRICT.PIN-670 674 R1 BY PUBLIC PROSECUTOR SRI.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2472/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX-1 COPY OF THE FIRST INFORMATION STATEMENT AND THE FIRST INFORMATION REPORT IN CRIME NO.187/2008. ANNEX-2 COPY OF THE POLICE CHARGE FILED BY THE 1ST RESPONDENT. ANNEX-3 COPY OF THE APPLICATION DATED 25/01/2011 FILED AS C.M.P.NO.386/2011 IN CC.NO.468/2008. ANNEX-4 COPY OF THE ORDER DATED 01/02/2011 IN C.M.P.NO.386/2011 IN CC.NO.468/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR. ANNEX-5 COPY OF THE PETITION DATED 03/06/2011 IN CC NO.468/2008 ANNEX-6 COPY OF THE ORDER DATED 06/06/2011 IN C.M.P.NO.2591/2011 IN CC NO.468/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2472 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the accused in Crime No.187/2008 alleging offences punishable under Sections 341, 323, 324 read with Section 34 of Indian Penal Code. The case is now pending as C.C.468/2008 on the file of the Judicial First Class Magistrate Court, Payyanur. Petitioner prays for a direction to quash Annexures - 4 and 6 orders and to allow annexure 5 application directing the JFCM, Payyannur to recall Pws 1, 2 and 5 in C.C.No.468/2008 and to subject them for cross examination. 3. Having heard learned counsel for the parties and having perused the materials available on record, I am not inclined to interefere with the impugned orders. If the petitioner files a fresh application indicating the question to be put to the PWs whom he wants to recall and the learned Magistrate if satisfied that the said questions are relevant for proper adjudication of the case, application shall be allowed on condition that petitioner pays a sum of Rs.5,000/- as cost as a condition precedent for allowing the application. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes