M O JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) BY Annexure-A4 order, Judicial First Class Magistrate, Pala permitted the complainant to adduce further evidence, after closing the defence evidence. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order contending that said order was passed in Annexure-A2 petition, which is a petition to review the earlier order. As learned Magistrate has no power to review the earlier order, Annexure-A4 order is to be quashed.

(2.) LEARNED counsel appearing for the petitioner argued that as learned Magistrate could not have reviewed the earlier order, Annexure-A4 order is liable to be quashed. LEARNED counsel also argued that it is not a speaking order and it does not disclose for what purpose complainant was permitted to adduce further evidence.