IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Crl.MC.No. 2629 of 2009 ---------------------------------- AGAINST THE ORDER DATED 04/07/2009 IN CRL.M.P.NO.1957/2009 IN SC.NO.326/2006 OF ADDL. SESSIONS COURT, PALAKKAD. .................... PETITIONER/ ACCUSED: ----------------------------------- 1. MUHAMMED @ KUNHIPPA, S/O. MUHAMMED @ BAPPU, AGED 62 YEARS, KANNIMEL VEEDU, NILAMBUR, MUTHUKAD, MALAPPURAM DISTRICT. 2. UMMACHUKUTTY, W/O. RAYU, THAYYIL VEEDU, AGED 60 YEARS, MURIYANKANNI, THIRUVIZHAMKUNNU, PALAKKAD DISTRICT. 3. SHAREEFA, D/O. RAYU, AGED 36 YEARS, THAYYIL VEEDU, MURIYANKANNI, THIRUVIZHAMKUNNU, PALAKKAD DISTRICT. 4. JAMEELA, D/O.RAYU, AGED 28, THAYYIL VEEDU, MURIYANKANNI, THIRUVIZHAMKUNNU, PALAKKAD DISTRICT. BY ADV. MR.JACOB SEBASTIAN. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. AYISHA, W/O. MOHAMMED ALI, AGED 32 YEARS, THACHIL VEEDU, EDATHANATTUKARA, MANNARKKAD VIA, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF POLICE, MANARKKAD IN CRIME NO. 76/2003 OF NATTUKAL POLICE STATION. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2629 of 2009 -------------------------- ORDER Petitioners are the accused in S.C.No.326/2006 on the file of Sessions Court, Palakkad. This petition is filed under Section 482 of Code of Criminal Procedure challenging Annexure-I order passed by the Sessions Judge, dismissing Crl.M.P. No.1957/2009 filed under Section 311 of Code of Criminal Procedure to recall PWs 2 to 4 for further cross-examination. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned Sessions Judge dismissed the petition holding that witnesses were cross-examined in detail and as there was no denial of opportunity, the witnesses cannot be recalled at this stage. I find no reason to interfere with Annexure-1 order, especially when, petitioners have a right to examine any witness of their choice at CRMC 2629/09 2 the defence evidence stage. If petitioners seek permission to examine PWs 2 to 4 at the defence evidence stage, learned Sessions Judge cannot deny the permission. In such circumstances, petition is dismissed. 13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv