IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1976 of 2010() ------------------------- CC.650/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): ACCUSED NO.1 & 2 ------------------------------- 1. HARIDASAN, AGED 48 YEARS,S/O.KUTTAYI, CHAKKITTAKANDIYIL HOUSE, VELLIPARAMPA. 2. SHITHIN @ KANNA, AGED 20 YEARS, HARIDASAN, AGED 48 YEARS, S/O.KUTTAYI, CHAKKITTAKANDIYIL HOUSE, VELLIPARAMPA. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ARJUN SREEDHAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ...................................................... Crl.M.C. No. 1976 of 2010 ....................................................... Dated: 8th day of June, 2010 ORDER Petitioners who are accused Nos. 1 and 2 in C.C. No. 650 of 2008 on the file of the J.F.C.M., Kunnamangalam for offences punishable under Sections 448, 341 and 323 read with Sec. 34 I.P.C. challenge Annexure A1 order dated 26-04-2010 passed by the learned Magistrate dismissing their application under Section 311 to cross-examine P.W.1 who was examined in-chief on 19-01-2010. It was after the defence counsel failing to cross-examine P.W.1 on 19-01-2010 and on the next date of posting that the court below was not inclined to allow the prayer. But the fact remains that P.W.1 was not cross-examined by the petitioners. Though reluctantly, I am inclined to give one more opportunity to the petitioner to cross-examine P.W.1 on condition that they will bear the entire expenses including the witness batta for the cross-examination of P.W.1. The Court Crl.M.C. 1976 of 2010 -:2:- below shall give the petitioner an opportunity to cross-examine P.W.1 after posting the case on a convenient date . C.C. No. 650 of 2008 shall be disposed of only thereafter. Dated this the 8th day of June, 2010. V. RAMKUMAR, (JUDGE) ani.