IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 18694 of 2008(A) -------------------------- PETITIONER: ------------ T.C.SANKARAN, S/O.C.K.CHATHAPPAN, THOTTUMPURATH VEEDU, ARTHATTU.P.O., KUNNAMKULAM. BY ADV. SRI.DEEPU THANKAN RESPONDENTS: ------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, CALICUT TOWN, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.18694 of 2008 ---------------------------------------- Dated this the 23rd day of June 2008 J U D G M E N T The petitioner's application to recall a witness who was not cross-examined at the appropriate time was indulgently allowed by the learned Magistrate. But when the witness came back, the petitioner did not cross-examine him. According to the petitioner, there was an agreement to settle the disputes and he wanted further time to settle the disputes. 2. It is the powers under Section 482 Cr.P.C which is sought to be invoked. Even today, it is admitted at the Bar that the payments due have not been made and the matter has not actually been settled. To say the least, I find no bona fides or grace in the request to recall the witness. If the petitioner has actually settled the disputes after making all the payments, I can understand the petitioner's making request to recall the witness. To facilitate such a payment in future, I am not certainly satisfied that the petitioner deserves the indulgence of the court to recall the witness. W.P.C.No.18694/08 2 3. This petition is in these circumstances dismissed. If the petitioner asserts before court that the matter has actually been settled and the respondents have already settled/compounded the disputes an application for composition can be filed for the compoundable offences, in which event the learned Magistrate may consider afresh his application to recall the witness. 4. With the above observation, this petition is dismissed. (R.BASANT, JUDGE) jsr W.P.C.No.18694/08 3 W.P.C.No.18694/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007