K SAJEENDRAN Vs. SECRETARY THALAKULATHUR GRAM PANCHAYAT

JUDGEMENT

(1.) The petitioner/accused in C.C. No.882/95 on the file of the Judicial Magistrate of the First Class - IV, Kozhikode has come up with this petition under S.482 of the Code of Criminal Procedure impugning an order passed, allowing the application filed by the complainant/respondent under S.311 of the Code, by the Magistrate who tried the said case.

(2.) Admittedly by both sides in the case charged in the year 1995, evidence has been collected and closed as late as in 2001. The case has been, further admittedly by both sides, posted for judgment. It was thereafter that the respondent/complainant filed a petition under S.311 of the Code to recall PW.1 and to produce two additional documents. This has been allowed as per the impugned order. This is without jurisdiction, it is contended.

(3.) The trial of the case terminated and on termination of the trial, the case was posted for judgment. It was after posting the case for judgment, S.311 of the Code had been invoked by the respondent and it has been allowed by the court below at that stage. This is illegal, it is contended. As per S.311 Cr.P.C., the court below should have invoked that provision only "at any stage of the trial of the case" and not later than the termination of the trial. Once the case is posted for judgment, there is termination of the trial, it is contended, assailing the impugned order.