ROY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the accused in C.C.No.1017/2004 on the file of the JFCM, Mavelikara for offences punishable under secs.427, 341, 323, 324 and 294(b) read with sec.34 IPC prays for an order setting aside Annexure II order dt. 5.12.2006 in CMP 9257/2006 in C.C.1017/2004 before the said magistrate rejecting the application filed by the petitioner to cross-examine the de facto complainant examined in chief as PW.1. It is alleged that on the day when PW.1 was examined in chief, petitioner's counsel was unable to be present in court due to some unavoidable personal reasons and it was after rejecting the application for adjournment sought on his behalf that the court proceeded to examine the other witnesses after recording that there is no cross-examination of PW.1.

(2.) THE case now stands posted to 12.2.2007. In as much as besides PW.1, two other occurrence witnesses viz. PWs.2 and 3 have turned hostile to the prosecution when examined on 5.12.2006, interests of justice require that the petitioner is given an opportunity to cross-examine PW.1 provided PW.1 has not so far been cross-examined on behalf of the petitioner. Accordingly, Annexure II order is set aside and the petitioner is given an opportunity to cross-examine PW.1 preferably on the next posting date. This Crl.M.C. is disposed of as