IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Crl.MC.No. 1385 of 2011() -------------------------------------- CRRP.NO.21/2011 of SESSIONS COURT, PALAKKAD CMP.NO.508/2011 IN CC.55/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------------------------- M.C.KURIACHAN, S/O.CHERIYAN, MOUNT VIEW, MANAPPULLY KAVU, PALAKKAD. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): COMPLIANANT AND STATE ------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.V.CHERIYAN, S/O.VARKKI, MADAVAPALLIL VEEDU, S.N.NAGAR, MALAMPUZHA, PALAKKAD DISTRICT.PIN-678 651 3. M.C.MATHEWS, S/O.CHERIYAN, MADAVAPALLIL VEEDU, PLEASANT STREET, KALVAKULAM, PALAKKAD DISTRICT.PIN-678 014 4. JUSTIN, S/O.MANI, CHEERAN VEEDU, KALVAKULAM, PALAKKAD DISTRICT.PIN-678 014 R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 TO R4 BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1385/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE ORDER DATED 01/3/2011 IN CRIMINAL M.P.NO.508/2011 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, PALGHAT. ANNEX A2 COPY OF THE ORDER DATED 15/3/2011 IN CRL.R.P.NO.21/2011 PASSED BY THE SESSIONS COURT, PALAKKAD. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.S.GOPINATHAN, J. ---------------------------- Crl.M.C.No.1385 OF 2011 ----------------------------- Dated this the 28th day of November, 2011 O R D E R ~~~~~~~ Petitioner is the accused in C.C.55/2009 on the file of the Chief Judicial Magistrate, Palakkad. He is facing prosecution for offence under Section 498A I.P.C. Witnesses were examined on the side of the prosecution. Later, he filed a petition seeking an order to recall PWs 1, 2 and 4 and to further cross examine them. The learned Magistrate, by order dated 1.3.2011, dismissed the petition by a speaking order. Assailing the legality, correctness and propriety of the above order, the petitioner took the matter in revision before the Sessions Judge, Palakkad, who, by Annexure-A2 order dated 15.3.2011, dismissed the petition. The learned Sessions Judge in his order had observed that the trial is only half way and that in the event the petitioner had omitted to put questions during the cross examination of the witnesses, he would get a right to recall the witnesses under Section 243(2) of the Code of Criminal Procedure. Assailing the said order, the petitioner has come up with this petition under Section 482 of the Code of Criminal Procedure. Crl.M.C.No.1385/2011 2 2. I have heard the learned counsel appearing for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the respondents 2 to 4, who are the witnesses sought to be recalled and re-examined. 3. The learned Government Pleader submitted that, as observed by the learned Sessions Judge, the trial is in half way. In the above circumstance, I find that the petitioner would get an opportunity to recall the witnesses during defence stage under Section 243(2) of the Code of Criminal Procedure as correctly observed by the learned Sessions Judge in the order impugned. I find no reason to interdict with the above order in exercise of the inherent powers vested on this Court under Section 482 of the Code of Criminal Procedure. 4. In the result, this petition is dismissed reserving the right of the petitioner to recall the witnesses under Section 243(2) Cr.P.C., if so advised. (P.S.GOPINATHAN, JUDGE) ps/29/11