IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Crl.MC.No. 2271 of 2009 -------------------------------- AGAINST THE ORDER DATED 12/06/2009 IN CRL.MP.795 /2009 IN SC.221/2006 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ------------------------------------- RAJEEV, PLAVILAKIZHAKKETHIL VEEDU, PEROORKARAZHMA MURI, THAMARAKULAM VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.L.RAJ MOHAN RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2271 of 2009 -------------------------- ORDER Petitioner is the accused in S.C.No.221/2006 on the file of Additional Sessions Court, Pathanamthitta. At the stage of defence evidence, petitioner filed C.M.P.No.795/2009 for issuing summons to six witnesses. Under Annexure-B order, learned Sessions Judge issued summons to Witnesses 1 and 4 to 6 and did not issue summons to witnesses 2 and 3, the Tahsildars respectively of Kozhencherry and Mavelikkara Taluks. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-B order refusing to issue summons to the Tahsildars. 2.Learned counsel appearing for the petitioners was heard. 3. Case of the petitioner is that in order to prove that petitioner is residing 25 kms. away from the scene of occurrence, Tahsildars of Kozhencherry CRMC 2271/09 2 and Mavelikkara Taluks are to be examined. 4. On hearing the learned counsel and going through Annexure-B order, I find no reason to interfere with the discretion exercised by the Sessions Judge. Petitioner is at liberty to challenge Annexure-B order along with the final judgment, if necessary. Petition is disposed. 14th July, 2009 (M.Sasidharan Nambiar, Judge) tkv