MANOHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE complainant in C. C. 65/97 on the file of the Judicial first Class Magistrate, Chavakkad is the petitioner. After examination of PW3, he filed an application under S. 311 Crl. P. C. in which he prayed for recalling PW. 3. It is said that the petition was refused to be accepted by the Court. Petitioner has produced before this court, the application in original, which he filed before the court below. It is stated that court refused to accept the same. Hence, he prays for a direction to the court below to receive the application which he filed under S. 311 Crl. P. C. and to pass appropriate orders thereon.

(2.) WHEN an application has been filed the court cannot refuse to accept the same. It is bound to accept the application and pass appropriate orders thereon. The practice of returning the application filed by parties cannot be approved. Counsel for the accused did not dispute that application was not filed in court. Hence the Court below is directed to receive the application filed by the petitioner invoking S. 311 Cr1. P. C. for recalling PW. 3 and pass appropriate orders thereon in accordance with law. The CrS CVl. M. C. is allowed. . .