IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1217 of 2010() ------------------------- SC.111/2009 of ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM .................... PETITIONER/ACCUSED: ----------------------------------- SREEKUMAR, AGED 32 YEARS S/O.BHUVANACHANDRA, CHITHRABHAVAN PANTHA DESOM, NEYYARDAM, THIRUVANANTHAPURAM. BY ADV. MR.IEANS C.CHAMAKKALA RESPONDENT/COMPLAINANT: ---------------------------------------------- KERALA STATE REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE KUNNATHUNADU, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1217 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER Petitioner the accused in S.C.111/2009 on the file of Additional Sessions Judge (Adhoc-I) Ernakulam filed a petition under section 311 of Code of Criminal Procedure to recall PW2 the prosecutrix to subject her for further examination in the light of the result of DNA test. By Annexure A1 order petition was dismissed. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A1 order and to permit the petitioner to recall and cross examine the prosecutrix. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that subsequent to the cross examination of PW2 Crl.M.C.1217/2010 2 a DNA test of the child born to PW2 was conducted and the result of DNA test shows that petitioner is the biological father and in the light of the said evidence, it is in the interest of justice to recall PW2 for further cross examination. The argument of the learned counsel is that petitioner has now to change his defence and therefore permission is to be granted to cross examine the witness. The result of the DNA test has nothing to do with the cross examination of PW2. I find no reason to interfere with Annexure 1 order. Petitioner is entitled to challenge Annexure A1 order along with the final judgment, if it goes against him. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006