IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 23160 of 2008(F) -------------------------- SC.344/2007 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER: ------------ USHA RADHAKRISHNAN, KRISHNA KRIPA, MEENATH CHERY, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.23160 of 2008 ---------------------------------------- Dated this the 12th day of August 2008 J U D G M E N T The short grievance of the petitioner who faces indictment in a prosecution under Section 302 I.P.C is that the case against him is being adjourned unnecessarily and endlessly solely for the purpose of securing the presence of CW27, a police officer who is not available now in India and who had conducted a part of the investigation in the case. 2. Report of the learned Sessions Judge was called for and the report reveals that final opportunity has been given to the prosecution to produce the said witness on 25/9/2008. The learned counsel for the petitioner submits that inasmuch as CW27 is not available in India now, the prosecution can attempt to introduce whatever evidence they want to introduce regarding the investigation conducted by CW27 through CW28. The learned Public Prosecutor submits that if the accused have no objection to that course, the prosecution will only be happy to follow that course. W.P.C.No.23160/2008 2 3. I am satisfied that no further or specific directions are necessary in the matter. The learned Sessions Judge shall examine CW27 if available on 25/9/2008 and if he is not available, CW28 shall be permitted to tender evidence about the investigation conducted. Parties may thereafter make appropriate request before the learned Sessions Judge, if necessary and the learned Sessions Judge shall consider such request and pass appropriate orders. 4. This petition is in these circumstances dismissed with the above observations. Hand over copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) jsr W.P.C.No.23160/2008 3 W.P.C.No.23160/2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007