C V KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Public Prosecutor takes notice for the Respondent.

(2.) Petitioner is accused in C.C. No. 631 of 2008 of the court of learned Chief Judicial Magistrate, Kasaragod facing trial for offence punishable under Section 420 of the Indian Penal Code. According to the Petitioner, case arose on a chitty transaction. Some of the prosecution witnesses were examined and they were cross-examined as well. Petitioner was questioned under Section 313 of the Code of Criminal Procedure (for short, "the Code"). While so, there was a change of counsel for the Petitioner and the new counsel found that certain relevant questions were not put to the prosecution witnesses. Thereon Petitioner filed C.M.P. No. 1756 of 2011 under Section 311 of the Code to recall PWs 1 and 2. Grievance of the Petitioner is that no final order is passed on the said application. On that submission of learned Counsel, this Court called for a report from the learned Chief Judicial Magistrate, Kasaragod through the Registrar (Judicial). The Registrar (Judicial) after contacting learned Chief Judicial Magistrate has reported that Ext.P3, application (C.M.P. No. 1756 of 2011) was disposed of on 01.04.2011 with the following order:

(3.) I am inclined to treat this petition as one in challenge of the above said order. Learned Counsel requests that Petitioner may be given opportunity to further cross-examine PWs 1 and 2 since some relevant questions were not put to them in cross-examination. I have heard learned Public Prosecutor in this regard.