MAHESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The marriage of the petitioner and the second respondent was solemnised on 20.03.2006 as per the rites and ceremonies of Hindu community and they resided together as husband and wife at his residence. But, unfortunately their relationship has strained, resulting litigation before different courts. One such case instituted by the second respondent/wife is pending before the Family Court, Alappuzha for realization of money as O.P.No.894/2006. She also preferred a complaint against this petitioner and her in-laws for treating her with cruelty and now the case is pending as C.C.No.387/2007 before the Judicial First Class Magistrate-I, Changanacherry. In the case before the Family Court, the second respondent was examined and her examination was completed on 25.11.2009. She was examined as PW1 in C.C.No.387/2007 and her examination was completed on 27.08.2011. Later, CMP No.4240/2014 was filed by the petitioner/husband under Sec. 311 Crimial P.C., 1973 to permit him to recall and reexamine her. The said petition was dismissed by an order dated 23.02.2015 by the learned Judicial First Class Magistrate. The said order is under challenge .

(2.) Heard Mr. Wilson Urumese, the learned counsel for the petitioner and Mr. Alex M.Scaria, the learned counsel for the second respondent. The learned Public Prosecutor was also heard.

(3.) It is submitted by the learned counsel for the petitioner that the examination of the second respondent as PW1 was completed before the Magistrate Court on 27.08.2011 . He applied for the copy of the deposition and on perusal of the same, it was convinced that he omitted to put certain questions to her and also could not contradict her with the evidence tendered by her before the Family Court. Hence, he seeks for the indulgence of this Court to afford an opportunity to contradict her with her statement before the Family Court in the present case.