IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 70 of 2009() --------------------------------- CMP.NO.5835/2008 IN CC NO.84/2006 OF CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM. ......... PETITIONER(S): PETITIONER:ACCUSED NO.2: -------------------------------------------------------------------- M.N.RAFI, S/O.MUHAMMED NOOHU, AGED 29 YEARS, SABENA MANZIL, T.C.35/145, P.D.(PRIYADARSHINI NAGAR), VALLAKADAVU P.O., TRIVANDRUM. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): CR.PETITIONER/STATE & COMPLAINANT: ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS SAMUEL, INSPECTOR, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, TRIVANDRUM CENTRAL. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB - R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.70 of 2009 ---------------------------------------- Dated this the 8th day of January 2009 O R D E R The petitioner wanted a witness to be further cross- examined. He was earlier given the opportunity for cross- examination; but the learned Magistrate did find the request to be reasonable and granted the prayer for opportunity to further cross-examination. The witness came. The learned counsel for the petitioner did not cross-examine him. An excuse was put forward that contradiction has to be marked and the depositions of the other witnesses were not readable and were only certified photostat copies of the recording of the learned Magistrate. Therefore the accused did not cross-examine that witness. A request was made for further opportunity to cross-examine the witness after obtaining the certified copies. The learned Magistrate rejected the same by the impugned order. The grievance now is against that order. 2. On the face of it, I find absolutely no justification in the prayer. However, to satisfy the interests of justice, I am satisfied that the petitioner can be granted the luxury of a Crl.M.C.No.70/08 2 further opportunity on appropriate terms on condition that he must cross-examine the witness on the next date of posting. The learned Magistrate must make every endeavour to ensure that the readable copies are also issued before that date but at any rate, the insistence on readable copy will not justify any prayer for further adjournment. 3. With the above directions this Crl.M.C is allowed in part. (R.BASANT, JUDGE) jsr Crl.M.C.No.70/08 3 Crl.M.C.No.70/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008