IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.MC.No. 691 of 2009() --------------------------------- CRIME NO.458/2003 OF ANGAMALY PLICE STATION ............................... PETITIONER/IST ACCUSED -------------------------------------- PAUL JOSEPH, AGED 76, S/O.JOSEPH, PALLIPATTU HOUSE, KIDANGOOR KARA, THURAVOOR VILLAGE, ALUVA TALUK. BY ADV. MR.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT ------------------------------------------- SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 691 of 2009 ORDER ON CRL.M.A.952/2009 IN CRL.MC.691/2009 DISMISSED 17/02/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 691 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2009. O R D E R This petition is filed to set aside the order of the Judicial First Class Magistrate-II, Aluva in CMP 3170/08 in C.C.2/05 and allow the petitioner to cross-examine all prosecution witnesses in the interest of justice. The petitioner is facing trial on the allegation that he has committed offences along with others u/Ss.420, 465 and 468 r/w S.34 IPC. It is very sad the way in which the matter has been conducted by the petitioner. As many as 16 witnesses in the form of PWs. 1 to 16 had been examined and none of these witnesses had been cross-examined which would lead to the conclusion regarding the non challenge of the evidence tendered by the prosecution witnesses. The ground alleged is the non availability of lawyer on all these occasions which has been correctly deprecated by the Court below. But the criminal justice system requires fair hearing for the reason otherwise the party may land in jail and therefore in the interest of CRL.M.C. 691 OF 2009 -:2:- justice I am inclined to give an opportunity to the petitioner to cross-examine PWs.1 to 16 in the case. I make it very clear all the expenses necessary for their transport as well as the allowance for their journey are to be borne by the petitioner in the case. The Court shall also fix a time frame in consultation with the prosecutor as well and an opportunity be given to cross-examine all the witnesses. Therefore this CRL.M.C. is allowed and the order under challenge is set aside. M.N. KRISHNAN, JUDGE. ul/-