IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Crl.MC.No. 3964 of 2009 ---------------------------------- CRL.M.P.NO. 5143/2009 IN CC.NO.177/2006 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. .................... PETITIONER/ACCUSED: ---------------------------------- NOUSHAD, HEAD CONSTABLE, RESIDING AT CHARUVIL PUTHENVEETTIL, OORUKUZHI P.O. KOLLAM DISTRICT. BY ADV. MR.V.SETHUNATH. RESPONDENTS/RESPONDENT: --------------------------------------------- 1. THE JUDICIAL FIRST CLASS MAGISTRATE, ADOOR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3964 OF 2009 =========================== Dated this the 8th day of December,2009 ORDER This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Chief Judicial Magistrate, Pathanamthitta to permit petitioner to cross examine complainant the Judicial First Class Magistrate, Adoor. The complaint was filed by the Judicial First Class Magistrate, Adoor before the Chief Judicial Magistrate, Pathanamthitta, after conducting the inquiry under section 340 of Code of Criminal Procedure alleging that petitioner committed an offence under sections 465 and 471 of Indian Penal Code, on a report submitted before the court in a summons allegedly served on Dr.Rajagopal. 2. On hearing the learned counsel appearing for the petitioner, I do not find any necessity whatsoever for the examination of the Magistrate. The procedure followed by the Magistrate is evident from the complaint filed. In such circumstances, examination of the Magistrate is not necessary either to show that an inquiry under section 340 of Code of Criminal Procedure Crl.M.C.3964/2009 2 was conducted following the requirements of law. In such circumstance, I find no necessity to give any direction as sought for. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006