IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.MC.No.1307 of 2009 --------------------------- C.M.P.No.368/2009 IN S.C.No.79/2004 OF ADDITIONAL SESSIONS COURT (AD HOC) I, MANJERI .................... PETITIONER/ ACCUSED: --------------------------- BASHEER PALLIYALI @ VICHAPPU, S/O.CHEKKU @ MOHAMMED, PALLIYALI HOUSE, NOONJIKKARA, KARUMARAKKAD AMSOM AND DESOM, ERNAD TALUK, MALAPPURAM DISTRICT. BY MR.MANJERI SUNDERRAJ, ADVOCATE. MR.B.PREMNATH (E), ADVOCATE. MR.MANJERI SUBIN SUNDER RAJ, ADVOCATE. RESPONDENT/ COMPLAINANT: ---------------------------------- STATE OF KERALA , REP. BY C.I.OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT, VAZHAKKAD P.S.CRIME No. 8/2002 BY MR. AMJAD ALI, PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Crl.M.C.No.1307 OF 2009 --------------------------------------- Dated this the 7th day of April, 2009. O R D E R This petition is filed with a prayer to quash Annexure-4 order passed by the Additional Sessions Court (Ad hoc-I), Manjeri in C.M.P.No.368/2009. By Annexure-4 order, the court below received additional document and additional witness to reopen the case. 2. It can be seen that the Prosecutor moved an application with a prayer to reopen the evidence to get the certificate and report of analysis which are necessary to prove the guilt of the accused. The prosecution applied and obtained the certified copy from the RCEL, Calicut and had produced it before the court. 3. It has to be remembered that the sessions case which ended in conviction was taken up before this Court in Criminal Appeal No.398/2005 and this Court found that the Chemical Analysis Report etc. are very important piece of document and therefore, sent back the case for consideration of those materials Crl.M.C.No.1307/2009 2 after giving an opportunity to both sides. The court specifically pointed out that it will not amount to filling up of lacuna but only producing materials which are available. Now the present attempt by the Prosecutor is only to produce the relevant piece of document which is necessary for a proper disposal of the case and Section 311 Cr.P.C enables the court to reopen the evidence and permit to produce such document. This is what has been done by the Additional Sessions Court which does not call for any interference. This Crl.M.C. is dismissed. M.N. KRISHNAN JUDGE smp Crl.M.C.No.1307/2009 3 M.N.KRISHNAN, J. Crl.M.C. No.1307 OF 2009 O R D E R 07.04.2009