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. 3583 of 2010() ------------------------- AGAINST THE ORDER DATED 07/08/2010 IN CMP 3051/10 IN MC.67/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. .................... PETITIONER: --------------- DR.PRASEEDA, D/O.N.SATHEESH BABU,HOUSE NO.R-7,JAI NAGAR, MEDICAL COLLEGE P.O.,CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM,PIN-695011. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: --------------- 1. R.RIJU RAJ, S/O.K.RAJENDRAN, AISWARYA, PARK VIEW, PVRA -26, T.B.JUNCTION, ATTINGAL P.O., THIRUVANANTHAPURAM 2. SATHI DEVI, W/O.K.RAJENDRAN, AISWARYA, PARK VIEW, PVRA -26, T.B.JUNCTION, ATTINGAL P.O. THIRUVANANTHAPURAM . 3. K.RAJENDRAN, S/O.KOCURAMAN AISWARYA, PARK VIEW, PVRA -26, T.B.JUNCTION, ATTINGAL P.O., THIRUVANANTHAPURAM 4. RENJU RAJ, S/O.RAJENDRAN AISWARYA, PARK VIEW, PVRA -26, T.B.JUNCTION, ATTINGAL P.O., THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R4 BY ADV. SRI.T.G.RAJENDRAN R5 BY PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3583 of 2010 -------------------------- ORDER By Annexure-C order, Additional Chief Judicial Magistrate, Thiruvananthapuram dismissed C.M.P.No. 3051/2010 filed by the petitioner in M.C.No.67/2009 to re-open the evidence under Section 311 of Code of Criminal Procedure to produce the copy of a report submitted by Assistant Commissioner of Police, Crime Detachment, Thiruvananthapuram on a complaint filed by the petitioner before Director General of Police. Learned Magistrate dismissed the petition holding that petitioner has not shown any sound reason for non production of the document earlier and a time limit was fixed by the Sessions Court for disposal of M.C., which expires on 8.8.2010, the day after the date of Annexure-C order. This petition is filed challenging Annexure- C order contending that the document sought to be produced was produced along with the argument notes CRMC 3583/10 2 and that document was not earlier available with the petitioner when the witnesses on the side of the first respondent were examined and in such circumstances, learned Magistrate should have allowed the petition. 2. Learned counsel appearing for the first respondent pointed out that Assistant Commissioner of Police has no authority to make an enquiry or submit a report and the report is inadmissible in evidence and cannot be relied on and therefore, there is no reason to interfere with Annexure-c order. 3. Annexure-B is the copy of C.M.P.No. 3051/2010. Petitioner sought to receive the document contending that the document is necessary to prove the case. The document sought to be produced was submitted by Assistant Commissioner of Police to Inspector General of Police based on a complaint filed by the petitioner herein. The report submitted by Assistant Commissioner of CRMC 3583/10 3 Police cannot be taken as an evidence without examining the Assistant Commissioner of Police. The prayer in the petition is only to receive the document. True, learned Magistrate was not justified in dismissing the petition on the ground that time limit is fixed by the Sessions Court, if the evidence to be let in is necessary for a just decision of the case. But, Annexure-C order is not based on that ground alone. In such circumstances, I find no reason to interfere with Annexure-C order. Petition is dismissed. 14th September, 2010 (M.Sasidharan Nambiar, Judge) tkv