Ajayan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 Crl.MC.No. 1037 of 2013 () --------------------------- Crl.M.P.313/2013 in SC 30/2006 of ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC-1), THIRUVANANTHAPURAM PETITIONER/ACCUSED:
--------------------------------- AJAYAN, AGED 30 YEARS S/O RAMAYYAN, KIZHAKKUMKARA PUTHEN VEEDU, NATTUVANKAVU PANAKKODU, ARYANADU, THOLIKKODU VILLAGE NEDUMANGAD.
BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT:
----------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY GOVERNMENT PLEADER, SHRI.M.A.ABDUL SHUKKOOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.NO.1037/2013 APPENDIX PTITIONER'S EXHIBITS:
ANNEXURE I :
TRUE COPY OF THE ORDER DATED 11.2.2013 IN CRL.M.P.NO.313/13 IN S.C.30/2006 BEFORE THE ADDITIONAL DISTRICT AND SESSIONS FAST TRACK COURT-I, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS : NIL // TRUE COPY // PA TO JUDGE
B.KEMAL PASHA, J.
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - Crl.M.C.No.1037 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January 2015
ORDER
The accused in S.C.No.30/2006 of the Additional Sessions Court (Adhoc-1), Thiruvanantapuram has filed Crl.M.P. NO.313/2013 under Section 311 of Code of Criminal Procedure for recalling and further examining PWs. 1, 2 and 6. The offence alleged against the accused is, one under Section 376 of the Indian Penal Code. The court below has found that those witnesses were examined at length and recalling those witnesses were nothing but adding insult to injury, and it would be further harassment of the raped victim. On that specific ground, the court below has dismissed the said petition.
2. The accused has come up, under Section 482 of Code of Criminal Procedure, by challenging the said order dated 11.2.2013 passed by the court below.
Crl.M.C.1037/2013
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The Investigating Officer has filed a report also. It seems that presently, the entire prosecution witnesses were examined and the evidence of the prosecution is over. Now the case stands posted for examining the accused under Section 313 of the Code of Criminal Procedure. On going through the impugned order, I do not find any illegality, irregularity or impropriety or any jurisdictional error in the order passed by the court below. I fully concur with the view taken by the court below in the matter. This Crl.M.C. is devoid of merits and is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/- B.KEMAL PASHA, JUDGE dl