IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Crl.MC.No. 3284 of 2006() AGAINST THE ORDER IN CMP 4803/06 IN CC.646/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER(S): COMPLAINANT ---------------------------------- MAJA, D/O.THANKAPPAN, VAVAKKATTUVELI VEEDU, MUHAMMA PANCHAYATH WARD, ALAPPUZHA DISTRICT. BY ADV. SRI.M.R.ARUN KUMAR RESPONDENT(S): ACCUSED AND STATE ---------------------------------------------- 1. AJITH SUPRAN, S/O.SUPRAN, MAZHUVANCHERRY VEEDU, WARD NO.3, MUHAMMA PANCHAYATH, ALAPPUZHA DISTRICT. 2. KARTHIKEYAN @ BABU, S/O.PALANI, THOTTUNKAL VEEDU, WARD NO.3, MUHAMMA PANCHAYATH, ALAPPUZHA DISTRICT. 3. ANIL BABU, S/O.AYYAPPANKUNJU, NADUVILEPARAMBU VEEDU, POONTHOPPU WARD, ALAPPUZHA DISTRICT. 4. BAIJU, S/O.PADMANABHAN, PUTHUVEEDUVELI VEEDU, WARD NO.12, POONTHOPPU WARD, ALAPPUZHA DISTRICT. 5. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.RAMANATHAN FOR R1 TO 4 R5 – BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. 3284 of 2006-A - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2009 ORDER The grievance of the petitioner who is the complainant in C.C.No. 646 of 2004 pending before the court below is that her request to issue summons to the witnesses was turned down unjustifiably. 2. Having perused the materials available on record, I cannot subscribe to the view that the court below had not afforded sufficient opportunity to the petitioner to examine her witnesses. In fact, the learned Magistrate had given sufficient opportunity to the petitioner in this regard. However having regard to the peculiar facts and circumstances, I am satisfied that the prayer made by the petitioner to summon the witnesses shown in the list can be allowed on terms. If the petitioner pays a sum of Rs.3,000/- as costs to respondents 1 to 4 herein, the request made by her in CMP.4803/2006 shall stand allowed. If the petitioner fails to pay the said amount on or before October 15, 2009, this Crl.M.C shall stand dismissed. If the amount is paid the court below shall issue summons to the witnesses. Crl.M.C is disposed of in the above terms. A.K. Basheer Judge. an.