PETRO DAVID Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure to set aside Annexure-4 order passed in CMP NO.2324/2023 in C.C.No.708/2019 by the court of the Judicial First Class Magistrate-III, North Paravur to the extent that the court below has vacated the order dtd. 24/2/2023 in Crl.M.P.No.846/2023, permitting the the petitioner to examine CWs 1 to 4 on the same day, itself.

(2.) The petitioner's case is that, he is the accused in the above case registered against him by the Station House Officer, Varappuzha, alleging that he has committed the offences punishable under Ss. 324, 323, 326 and 294(b) of Indian Penal Code. The petitioner has averred that, after the examination of CW2 as PW1, the petitioner filed CMP No.846/2023 (Annexure-1) under Sec. 242(3) of the Code of Criminal Procedure, to permit him to cross-examine all the occurrence witnesses together after recording their chief examination in one stretch. The court below allowed the application by Annexure-2 order.

(3.) Heard; Sri.C.P.Udayabhanu, the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.