IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH DECEMBER 2007 / 21ST AGRAHAYANA 1929 Crl.MC.No. 3684 of 2007() ------------------------- C.C.NO.961/03 PENDING BEFORE THE JFCM COURT -I, ERNAKULAM PETITIONER: ACCUSED ------------------- GIRIJA, AGED 37 YEARS,W/O. THAMBI, VI BLOCK, POLICE QUARTERS, MATTANCHERRY VILLAGE MATTANCHERRY KARA. BY ADV. SRI.K.V.SABU RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PORSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3684 of 2007 ---------------------------------------- Dated this the 12th day of December 2007 O R D E R The short grievance of the petitioner is that PW3, a crucial witness in the case could not be cross-examined properly due to inconvenience of the senior counsel. The junior counsel has cross-examined; but not adequately, submits the senior counsel before me. In these circumstances, it is prayed that at whatever cost, a further opportunity to recall PW3 and to cross-examine her may be given to the petitioner failing which the interests of the petitioner would suffer causing considerable embarrassment to the counsel also. 2. I am unable to find anything wrong in the order passed by the learned Magistrate rejecting the prayer; but in the interests of justice, I am satisfied that an indulgent further opportunity can be given to the petitioner to get PW3 recalled and to cross-examine her. For this luxury of a further opportunity, the petitioner and his counsel will certainly have to be put to exceptional costs. I take note of the fact that opportunity was once given for cross-examination. That was not Crl.M.C.No.3684/07 2 availed at all. Later, the witness was recalled. Even then, it was not effectively made use of. 3. In the result, this petition is allowed. There shall be a direction to the learned Magistrate to afford a further opportunity to the petitioner to recall PW3 and further cross- examine her on condition that the petitioner deposits an amount of Rs.1,500/- (Rupees one thousand and five hundred only) as cost payable to the said witness on the next date of posting, i.e. 14/12/2007. If the witness is available, she shall be recalled and opportunity shall be given to the petitioner to cross-examine her. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.3684/07 3 Crl.M.C.No.3684/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007