IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4840 of 2008() ------------------------- CC.61/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PAYYOLI CRIME NO.408/07 OF THE PAYYOLI POLICE STATION .................... PETITIONER(S): --------------- SHALINI, W/O. ANIL KUMAR, MEETHALE PARAMBATH HOUSE, AZHIYOOR, VATAKARA TALUK. BY ADV. SRI.M.C.ANTONY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4840 of 2008 ------------------------------------------------- Dated this the 12th day of December, 2008 ORDER The petitioner is the wife of the de facto complainant/ injured in Crime No.408/07 of the Payyoli Police Station. Investigation is complete. Final report has already been filed. Cognizance has been taken and the case is pending as C.C. No.61/08 before the learned Judicial Magistrate of the First Class, Payyoli. All other steps are complete and the trial is to commence on 15/12/08. The petitioner's husband is employed in the Merchant Navy. He is the victim/injured in this case. Twice already the petitioner had applied before the learned Magistrate to postpone the trial to facilitate appearance of the petitioner's husband. The petitioner's husband is not in India now. He is expected to return by the 2nd March, 2009. The petitioner has come to this Court with a prayer that the trial Crl.M.C. No. 4840 of 2008 -: 2 :- may be directed not to commence till that date. In the alternative, it is prayed that the petitioner's husband may be given an opportunity to appear and tender evidence after his return on the 2nd March, 2009. 2. I find the request of the petitioner to be absolutely justified. I need only mention that the petitioner can make an application before the learned Magistrate furnishing all the relevant details. The interests of justice certainly demand that the victim/injured is examined in all cases unless it is practically impossible to do the same. In the nature of the submissions made before me, I have no reason to assume that the learned Magistrate shall not consider the request made by the petitioner. 3. This Crl.M.C. is accordingly dismissed with the specific observation that it shall be open to the petitioner to appear before the learned Magistrate through counsel and bring the relevant facts to the notice of the learned Magistrate and seek postponement of the commencement of the trial or at least for an opportunity for the petitioner's husband/injured/victim to examine himself before the prosecution evidence is closed. Such request must be considered by the learned Magistrate on Crl.M.C. No. 4840 of 2008 -: 3 :- merits and in accordance with law. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge