IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.MC.No. 862 of 2009() --------------------------------- ST.104/2008 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER/ACCUSED --------------------------------- VARGHESE, AGED 57 YEARS, S/O.VARGHESE, PUTHENPARAMBIL HOUSE, KATTILAPOOVAM, MADAKATHARA, THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 862 of 2009 ORDER ON CRL. MA. NO.1223/2009 IN CRL. MC. NO.862/2009 DISMISSED 26/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 862 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R This petition is filed with a prayer to quash Annexure-B order. By the said order the Court below has directed to reopen the evidence and issue summons to four witnesses which includes one person who has been already been examined as a witness on the defence side as DW1. I do not want to commend upon it at this stage for the reason as the application has been issued without hearing the accused. Therefore I set aside the order passed by the Court below and direct the Court below to consider Annexure A request afresh and pass appropriate orders after hearing the parties concerned. It is also desirable that the prosecution state the purpose for which these witnesses are to be examined. With this observation the Crl.M.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-