IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 3426 of 2011(A) ------------------------- SC.352/2007 of III ADDL.SESSIONS COURT, KOLLAM .................... PETITIONER(S): --------------- NALINAKSHI (61 YEARS) W/O LATE VIJAYAN, NALINALAYAM, KIZHAKKEKANISSERY, SAKTHIKULANGARA, KOLLAM. BY ADVS. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.B.BALA PRASANNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE C.I. OF POLICE, CHAVARA, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHAJU @ JOHNSON S/O FRANCIS, PADANAYIL KIZHAKKATHIL VEEDU, SAKTHIKULANGARA, KOLLAM. 3. SASI @SAJI, S/O NATARAJAN CHETTIYAR, NATARAJABHAVANAM, SAKTHIKULANGARA,KOLLAM. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3426 OF 2011 (A) ------------------------------------------ Dated this the 8th day of December, 2011 O R D E R The mother of the deceased is the petitioner. Her son was alleged to have been murdered. There were 3 eye witnesses to the occurrence. The learned counsel for the petitioner submits that two eye witnesses were examined but they did not support the prosecution. It is submitted by the learned counsel that the 3rd witness was given up by the learned Public Prosecutor, who conducted the case before the trial Court. Because of the submissions so made by the learned counsel, the learned Public Prosecutor here was required to get the reasons for giving up the 3rd witness by the learned Prosecutor, who was then conducting the case. 2. It is submitted by the learned Public Prosecutor of this Court, that communication has been given and action is being taken in the matter. Let it continue. But Crl. M.C. No: 3426 OF 2011 (A) -2- this case need not be kept pending for that purpose. This petition is disposed of in the following lines: 'The Court below will allow CW3 (who was given up by the then learned Public Prosecutor) to be examined. It is also directed that the trial shall be conducted by another Public Prosecutor. Arrangement for the same shall be made by the District Collector, Kollam.' This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj