IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Crl.MC.No. 3510 of 2011() ------------------------ CC.706/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI ................ PETITIONER / ACCUSED : -------------------------------------- VALSALAKUMARI, W/O VASUDEVAN, AGED 46, KOLLAYIL HOUSE, CHEMBRA DESOM, THIRUVEGAPPURA VILLAGE, OTTAPALAM. BY ADV. SRI.K.R.VINOD RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA- 682 031. 2. P.K.KURIAKOSE, S/O OUSEPH KURIAKOSE, PANCHIYIL HOUSE, RAMAPURAM BAZAR, KOTTAYAM-686 576. R1 BY PUBLIC PROSECUTOR SMT. R. REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3510 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1 THE COPY OF THE PETITION FILED UNDER S.205 CR.P.C BEFORE THE JFCM COURT, PATTAMBI RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3510 of 2011 ---------------------------------------------------- Dated this the 17th day of October, 2011 Order The petitioner is the accused in CC No.706/2009 on the file of the JFCM Court, Pattambi. After the evidence was over, he was directed by the Magistrate to be questioned under Section 313 Cr.P.C. The learned counsel submits that the accused has no leave at his credit to appear before the Magistrate. That contention cannot be accepted. The learned counsel also submits that the counsel may be permitted to be questioned under Section 313. It is the accused who has to give explanation as required under Section 313(b) Cr.P.C. There is no illegality or impropriety in the order passed by the learned Magistrate. Also, there is no abuse of process of the court. Therefore, I am not inclined to interfere with the directions issued by the learned Magistrate. This Crl.M.C. is accordingly dismissed. N.K.BALAKRISHNAN, JUDGE. srd 2 3