IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 3971 of 2011() ------------------------- AGAINST THE ORDER DATED 12/10/2011 IN MP 46/11 IN SC.673/2010 of ADDL.ASSISTANT SESSIONS COURT, PARAVUR .................... PETITIONER(S): ACCUSED ---------------------- SAINAN, S/O MOHANAN, THOTTATHIL HOUSE, ALAMTHURUTHU KARA, VADAKKEKARA VILLAGE, PARAVUR TALUK. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.P.M.ABDUL JALEEL (KODUNGALLUR) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, VADAKKEKARA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. N. SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Crl.MC.No. 3971 of 2011() APPENDIX PETITIONER(S) EXHIBITS: ANNEXURE-A1 COPY OF CRIMINAL M.P.46/2011 IN SC 673/2010 OF THE HON'BLE ADDITIONAL ASSISTANT SESSIONS COURT, NORTH PARVUR. ANNEXURE-A2 COPY OF THE COUNTER SUBMITTED BY P.P IN THE ABOVE CRIMINAL M.P. ANNEXURE-A3 THE DISMISSAL ORDER OF THE ABOVE CRIMINAL M.P. ANNEXURE-A4 THE TRUE COPY OF THE FIS IN THE ABOVE CASE. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3971 OF 2011 ( ) ------------------------------------------ Dated this the 21st day of November, 2011 O R D E R The petitioner is the accused in Sessions Case No:673 of 2010 of Additional Sessions Court, North Paravur. The brother of the deceased was examined as PW1. An application was filed on behalf of the accused to recall PW1, to put two or three questions. That petition was disallowed by the Court below holding that, what are the questions to be put, were not specified. The learned counsel for the petitioner submits that the questions which are to be put is pertaining to the words which are seen subsequently introduced in page number two of the F.I. Statement. According to the learned counsel those words were subsequently introduced and are not in the handwriting of the Head Constable who recorded that statement. Crl. M.C. No: 3971 OF 2011 ( ) -2- Since the question intended to be put is pertaining to those aspects alone, this petition is allowed. The learned trial Judge will recall PW1, but only for the aforesaid purpose. N.K. BALAKRISHNAN, JUDGE jjj