IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3530 of 2008(Y) -------------------------- CMP.322/2007 IN S.C.NO.1253/05 of I ADDL. ASSISTANT SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): --------------- K.P. MAHESH KUMAR, SUB INSPECTOR OF POLICE (RETIRED), KAZHAKUTTOM POLICE STATION, RESIDING AT T.C. 17/1548 (4), CHENGALLORE, POOJAPPURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED 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 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3530 of 2008 ------------------------------------------------- Dated this the 25th day of September, 2008 ORDER The short grievance of the petitioner, who faces indictment in a prosecution for the offence punishable under Sec.304(ii) IPC, is that his application calling for the Case Diary in Crime No.389/96 was dismissed by the learned Assistant Sessions Judge on irrelevant considerations. He had called for the Case Diary in Crime No.389/96; but the learned Assistant Sessions Judge had misconstrued the same to be a prayer to call for the Case Diary in Crime No.386/96. The allegation against the petitioner is that he – a police official, has caused the death of a person in custody. About the very same event – death of the deceased, Crime No.389/96 of the Kazhakkuttom Police Station was registered under Sec.174 Cr.P.C. and the prayer before the learned Assistant Sessions Crl.M.C. No. 3530 of 2008 -: 2 :- Judge was to call for the Case Diary in that crime i.e., Crime No.389/96. Unfortunately, the learned Assistant Sessions Judge had misconstrued the prayer to be a prayer to call for the Case Diary in Crime No.386/96 which relates to an offence punishable under Secs.55(a) and 58 of the Kerala Abkari Act allegedly committed by the deceased. The learned counsel for the petitioner submits that the impugned order may be set aside and the learned Assistant Sessions Judge may be directed to consider afresh the prayer for calling for the Case Diary in Crime No.389/96 of the Kazhakkuttom Police Station specifically. I am satisfied that the said request is perfectly justified. The same can be allowed. 2. In the result: (a) This Crl.M.C. is allowed. (b) The impugned order is set aside. (c) The learned Assistant Sessions Judge shall forthwith consider the application afresh and pass appropriate orders. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3530 of 2008 -: 3 :-