IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1384 of 2009(A) ------------------------------------------- CC.109/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER/ACCUSED : ------------------------------------- KABEER, AGED 43 YEARS, S/O.MUHAMMED ALIAS BAVA, KUNDATTIL HOUSE, KARUVANTHURUTHY, FEROKE P.O., KOZHIKODE TALUK. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENTS : ------------------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE, BEYPORE POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. VALIYIL MOOSA, AGED 54 YEARS, S/O.MAMMED, PANNIYANKARA AMSOM DESOM, KOZHIKODE. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1384 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30-04-2009 ORDER Petitioner who is the accused in C.C. No. 109 of 2006 pending before the J.F.C.M. V, Kozhikode, for offences punishable under Sections 406 and 420 I.P.C. seeks a direction to dispose of Annexure A6 petition said to be pending before the said Magistrate. According to the petitioner , the documents prayed for in Ext.A6 petition filed as C.M.P. 2220 of 2009 are necessary for the effective cross-examination of the witnesses. 2. The case admittedly stands posted for prosecution evidence. The rule of day-to-day trial cannot be dislocated by allowing the petitioner to get the documents for the purpose of cross-examination. He can file a petition at the appropriate stage and as and when his petition is allowed, I am sure that the learned Magistrate will permit the prosecution witnesses already examined to be summoned again for the purpose of cross- examination depending on the relevancy and probative value of the document, if any, summoned at that stage. With the above liberty, this Crl.M.C. is dismissed. V. RAMKUMAR, (JUDGE) ani ani.