ABDUL AZIZ Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the first accused in C.C.No.25/2009 pending before Judicial First Class Magistrate Court, No -II, Haripad to set aside the order passed by the learned magistrate in Crl.M.P.No.3964/2012 pending before that court.

(2.) IT is alleged in the petition that petition is the first accused in C.C.No.25/09 pending before Judicial First Class Magistrate Court, No -II, Haripad. The case of the prosecution was that forging signature of the de facto complainant who was examined as PW4, a false power of attorney was created by first accused with connivance of the other accused persons and executed certain documents by producing that alleged forged power of attorney and thereby the accused have committed the offence punishable under Sections 468, 471, 420 and 34 of Indian Penal Code. The case was registered on the basis of the complaint given by the de facto complainant and after investigation, final report was filed and it was taken on file as C.C.No.25/2009. The case was was posted for evidence. Since Cws 1 and 2 were out of station, Cws 3 & 5 were examined as PWs 1 & 2. CW2 was examined as PW3 and CW1 was examined as PW4. But during trial, no sufficient opportunity was given to first accused to cross examine Cws 1 & 2. So, he filed Annexure 1 petition for recalling PW3 & 4 for further cross examination. But that petition was dismissed by the learned magistrate by Annexure 2 impugned order which is being challenged by the petitioner by filing this petition.

(3.) ACCORDINGLY , a report has been called for and the learned magistrate sent a report which reads as follows: