SOMASUNDARAM Vs. P CHANDRA BOSE

JUDGEMENT

(1.) The petitioner, who is the accused in C. C. No. 153/94 of the Chief Judicial Magistrate's Court, Alappuzha, is aggrieved that Crl. M. P. No. 7651/98 filed by the counsel assisting the Public Prosecutor, who is conducting the case, was allowed enabling him to recall PWs. 4 and 5 who were already examined.

(2.) Mr. S. Vijaya Kumar, who appeared for the petitioner, submitted that the powers of a counsel who is allowed to assist the Public Prosecutor are limited and that he is incompetent to file an application of the nature involved here. The right to recall a witness vests with the Assistant Public Prosecutor and the mere fact that some one is appearing to assist him does not clothe him with the authority to file an application to recall the witness.

(3.) Even though the respondents entered appearance, the counsel was found absent on 12.3.01 and 14.3.01 and the case was adjourned to this date and today also the learned counsel for the respondents is found absent. Hence I am disposing of the Crl. M. C. based on the arguments advanced by the learned counsel for the petitioner.