IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Crl.MC.No. 3745 of 2007() ------------------------- CC.1073/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/3RD ACCUSED: ------------------------------- ANANDLAL BEN, KAIPALLIL VEEDU, PERUMPUZHA, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.K.G.RADHAKRISHNAN RESPONDENTS/STATE & COMPLAINANT: -------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. SREELATHA, VATTACHIRAYIL VEEDU, VAKKANAD P.O., KOLLAM. 3. N.HARIDEVAN, VATTACHIRAYIL VEEDU, VAKKANAD P.O., KOLLAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.3745 of 2007 ========================== Dated this the 22nd day of January, 2008. ORDER In this petition filed under Section 482 Cr.P.C, the petitioner who is the 3rd accused in Crime No. 314/2002 of Kundara Police Station for an offence punishable under Section 498 A r/w Section 34 IPC, seeks a direction to Judicial First Class Magistrate-I, Kollam to examine CW7, the Investigating Officer and also to permit the petitioner to cross examine the prosecution witnesses. 2. The petitioner is an advocate practicing before the courts at Kollam. On the side of the prosecution seven witnesses were examined as PWs 1 to 7 and seven documents were got marked as Exts.P1 to P7. The accused were thereafter examined under Section 313(1)(b) Cr.P.C. The case was thereafter posted for defence evidence on 10.01.2008. Out of the charge witnesses CW7 Shri. V. Rajendran Nair was the Sub Inspector who conducted the investigation. However, three months prior to the posting of the case for his examination he had gone abroad to Kosova in connection with U.N duties on deputation. Hence, he is not available for being examined as a prosecution witness. Accordingly, the learned Assistant Public Prosecutor in charge of the case filed a report on 12.11.2007 CRL. M.C. No. 3745/2007 : 2: under Section 47 of the Evidence Act to examine Shri. Pradeepkumar, the present Sub Inspector, Kundara Police Station who is acquainted with the handwriting and signature of Shri. Rajendran Nair to prove the First Information Report, scene mahazar and the charge sheet. That application was heard and allowed in the presence of the Defence Counsel. Accordingly, Shri. Pradeepkumar who is the present Sub Inspector was examined as PW7 in the place of Shri. Rajendran Nair. Shri. Pradeepkumar was cross examined at length on behalf of the petitioner as well. After the examination of the accused under Section 313(1)(b) Cr.P.C, when the case was posted for defence evidence, the petitioner filed an application under Section 311 Cr.P.C to re-summon PWs 1, 3, 4 and 7 for cross examining them further. He had actually cross-examined those witnesses at length. Hence, the learned Magistrate dismissed the said application. It is at this stage that the petitioner has approached this Court. The only purpose behind the petition is to see that the proceedings are endlessly protracted. I see no justification at all in entertaining this petition. This Crl. M.C is accordingly dismissed. V. RAMKUMAR, JUDGE. rv CRL. M.C. No. 3745/2007 : 3: