IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4431 of 2011() ------------------------- (CC NO.134 OF 2011 ON THE FILE OF CJM COURT, PATHANAMTHITTA) PETITIONER/ACCUSED ---------------------- K.REGHU, KAYYALAKKAKATHU HOUSE, PAREBHAGOM, KAITHAKKODI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. DR.K.P.SATHEESAN RESPONDENT(S): STATE, COMPLAINANT & DEFACTO COMPLAINANT ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN-689531. 3. LAKSHMI AMMA, KAYYALAKKAKATHU HOUSE, PAREBHAGOM, KAITHAKKODI, AYROOR VILLAGE, PATHANAMTHITTA DISTRICT, PIN-689612. R1-R2 BY P.P.MR.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(CRL.M.C.4431/2011) PETITIONER'S ANNEXURE: ANNEXURE I: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.256/2011 DATED 15.7.2011 GIVEN TO THE PETITIONER IN CC NO.134/2011 PENDING ABEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, PATHANAMTHITTA. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4431 of 2011 ---------------------------------------------------- Dated this the 22nd day of December, 2011 Order The petitioner is the accused in CC No.134 of 2011 which is now pending before the CJM Court, Pathanamthitta. The injured/defacto complainant is the third respondent herein. She is the mother of the accused. She is now stated to be aged 93 years. The learned counsel for the petitioner submits that in fact the incident had not taken place as alleged by the prosecution. However, in the trial she has to be examined. Since she is aged 93 years, unless she is examined at the earliest, the court may not be in a position to get her statement. The learned counsel submits that in fact the matter was settled between the petitioner and the mother-injured. As the injured mother is aged 93 years, it is just and proper that the learned CJM records the statement of the defacto complainant/injured at the earliest, at any rate, within three weeks from today. The learned A.P.P./Dy. Director of Prosecution who is conducting the case should be told in advance as to the date when the injured is to be examined so as Crl.M.C.4431/2011 2 to enable him to get the C.D. file and to ascertain the identity of the injured. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4431/2011 3