Henli vs State Of Kerala
2021 Latest Caselaw 15187 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                      CRL.REV.PET NO. 905 OF 2019
 AGAINST THE ORDER/JUDGMENT IN CC 1319/2016 OF TEMPORARY JUDL. FIRST
              CLASS MAGISTRATE COURT, NJARAKKAL, ERNAKULAM
REVISION PETITIONERS/ACCUSED NO 1 TO 4:

     1       HENLI
             AGED 30 YEARS
             S/O. HENDRI,
             RANDUTHAIKKAL HOUSE, AZHEEKKAL, VYPPIN 682 508.

     2       ANTONY NIDHIN JOSEPH,
             AGED 28 YEARS
             S/O. JOSEPH, KURISINGAL HOUSE, AZHEEKKAL,
             VYPEEIN 682 508.

     3       ANIL ,
             AGED 56 YEARS
             S/O. THOMAS, PUTHANPURAKKAL HOUSE, NEAR SOUDI SCHOOL,
             MOOLAMKUZHI, RAMESWARAM P.O., 682 002.

     4       JACKSON,
             AGED 50 YEARS
             S/O. JACOB, PUTHANPURAKKAL HOUSE, RAMESWARAM,
             MOOLMKUZHI P.O., 682 001.

             BY ADV DENIZEN KOMATH



RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY THE STATION HOUSE OFFICER, NJARAKKAL
             POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, 682 031.
 CRL.REV.PET NO. 905 OF 2019          2

OTHER PRESENT:

             SRPP.SRI.C.S.HRITHWIK




     THIS     CRIMINAL   REVISION    PETITION   HAVING   COME   UP   FOR
ADMISSION ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRL.REV.PET NO. 905 OF 2019          3




                               ORDER

Dated this the 20th day of July 2021

This criminal revision petition is filed against the impugned

order at Annexure A3, wherein the learned Magistrate in CMP

No.635/2019 in CC No.1319/2016 had allowed the petition calling for

some documents under the provisions of Section 91 of Cr.P.C. filed by

the prosecution. Aggrieved by that accused Nos.1 to 4 who are the

revision petitioners they state that it is highly prejudicial to them and

that it is at this belated stage that the documents sought to be

summoned and that is intended for filling up the lacuna.

2. The learned Magistrate has considered these objections

raised by the revision petitioners and despite that it is stated that it is

necessary for the purpose of rightful decision in the case and hence

the petition was allowed. The documents that is sought to be

produced is the attendance register of September 2015 from the office

of Traffic Superintendent of SWTD, Regional Office, Ernakulam and the

trip sheet of 09.09.2015 from the same office.

I find that no prejudice would cause to the petitioners by the

production of those documents. However, the revision petitioners are

at liberty to subject the witness who produces the documents to cross

examination in order to substantiate their defence.

With these observations, the Crl R.P. is dismissed.

Sd/-

ASHOK MENON JUDGE

rmm

APPENDIX OF CRL.REV.PET 905/2019

PETITIONER ANNEXURE

ANNEXURE A1 TRUE PHOTOCOPY OF THE APPLICATION PREFERRED BY THE RESPONDENT UNDER SECTION 91 CR.P.C.

ANNEXURE A2 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE PETITIONERS.

ANNEXURE A3 TRUE CERTIFIED COPY OF THE ORDER DATED 20.6.2019 IN C.M.P. NO. 635/2019 IN C.C. NO. 1319/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL

RESPONDENTS ANNEXURE NIL