Shabeer K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Crl.MC.No. 7407 of 2014 () --------------------------------------- IN CMP No.7723/2014 IN CC No.431/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA.

PETITIONER(S)/ACCUSED NO.2:

---------------------------------------------------- SHABEER K AGED 31 YEARS S/O. MUHAMMED, KUNIYIL(H), CHORODE AMSOM DESOM KOZHIKODE DISTRICT.

BY ADVS.SRI.RANJIT BABU SRI.K.B.ARUNKUMAR RESPONDENT(S)/STATE:

---------------------------------------- STATE OF KERALA REPRESENTED THROUGH THE STATION HOUSE OFFICER VATAKARA POLICE STATION, KOZHIKODE DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PIN-682031.

R BY PUBLIC PROSECUTOR, SRI. R. GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7407 of 2014 () ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANX.1.

THE CERTIFIED COPY OF THE PROCEEDINGS SHEET IN C.C. NO. 431/2012 NOW PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA.

ANX.2.

THE CERTIFIED COPY OF THE PETITION SUBMITTED BY THE PETITIONER.

ANX.3.

THE CERTIFIED COPY OF THE ORDER DATED 26-11-14 IN C.M.P. NO. 7723/2014 IN C.C. NO. 431/12 NOW PENDING ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 7407 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2014

O R D E R

The petitioner is aggrieved by the imposition of amount to the tune of 2,000/- each for recalling PWs 1, 5 and 6 and ₹ 1,500/- each for PWs 2 and 7. The petitioner prays that the ₹ amount so ordered is on the very high side and is not warranted by the facts and circumstances of the case. 2.

After having given anxious consideration to various aspects, there seems to be some justification in the claim made by the petitioner. It may amount to mulct with heavy costs for recalling witnesses and for adducing evidence in support of his case.

In the result, this petition is allowed and the direction to pay 2,000/- for each for recalling Pws 1, 5 and 6 shall ₹ stand reduced to 1,000/- (Rupees One Thousand only) and ₹ direction to pay 1,500/- each for PWs 2 and 7 shall stand ₹ reduced to 750/- (Rupees Seven Hundred and Fifty only). ₹

Crl.M.C. No. 7407 of 2014 -2With the above observation, this petition is disposed of. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge