K. Ramakrishnan vs State Of Kerala
2023 Latest Caselaw 10836 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                   CRL.MC NO. 8706 OF 2023
CC 85/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG


PETITIONER/DEFACTO COMPLAINANT:

         K. RAMAKRISHNAN
         AGED 71 YEARS
         S/O. LATE UCHIRA AMMA AND RAGHAVAN NAIR,
         RESIDING AT 151-KHB COLONY, VTH BLOCK,
         KORAMANGALA, BANGALORE, KARNATAKA STATE - .
         (WITHIN THE LIMITS OF KORAMANGALA POLICE STATION),
         PIN - 560095
         BY ADV JOSE PALLATTUKARAN

RESPONDENTS/STATE & ACCUSED:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2    KOOKAL KARUNAKARAN NAIR
         AGED ABOUT 71 YEARS, S/O. LATE UCHIRA AMMA AND
         RAGHAVAN NAIR, CHERUVKAVIL HOUSE, PARAMBIL PO,
         BAZAR, KOZHIKODE DISTRICT - (WITHIN THE LIMITS OF
         CHEVAYOOR POLICE STATION), PIN - 673012
    3    A. KUNHIKORAN NAIR
         AGED 84 YEARS, S/O. KOOKAL KORAN NAIR, RESIDING AT
         VALLIKKADAVU, MALOTH VILLAGE, KONNAKKADU, KASARGOD
         DISTRICT - (WITHIN THE LIMITS OF VELLARIKUNDU
         POLICE STATION), PIN - 671533
    4    A. DAMODARAN
         (RETD. SUB REGISTRAR) AGED ABOUT 70 YEARS,
         PAIRADUKKADAM, NELLIKKAT, BALLA VILLAGE, HOSDURG
         TALUK, BALLA PO KASARGOD DISTRICT - (WITHIN THE
         LIMITS OF HOSDURG POLICE STATION), PIN - 671531
         SRI.RENJITH.T.R, PP
    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CrlM.C..No.8706/2023

                                     2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   Crl.M.C. No.8706 of 2023
             ----------------------------------------------
           Dated this the 19th day of October, 2023


                                ORDER

This Criminal Miscellaneous Case is filed with following

prayers:

To allow this Criminal Miscellaneous Case and direct the Judicial First Class Magistrate Court II, Hosdurg to accept and mark Will Deed and other documents (Exts. A3, A7 and A8 in O.S. No. 34/2006 of Sub Court, Hosdurg) tendered by the petitioner in C.C. No. 85/2012, in the interest of justice.

2. Petitioner is a prosecution witness in

C.C.No.85/2012 on the file of the Judicial First Class

Magistrate Court-II, Hosdurg. The grievance of the petitioner

is that certain documents were not allowed to be marked by

the learned Magistrate during his examination. The petitioner

produced Annexure-3 deposition of the petitioner's evidence

in which the marking of the documents is not allowed by the CrlM.C..No.8706/2023

learned Magistrate. Challenging the same, this Crl.M.C. is

filed.

3. According to me, that portion of deposition by

which the learned Magistrate refused to mark the documents

cannot be challenged in a petition under Section 482 Cr.P.C.

4. The petitioner can file a separate petition before

the trial court narrating the relevance of those documents and

if such a petition is filed, the learned Magistrate will consider

the same afresh and pass appropriate orders in it, in

accordance with law.

With the above observation, this Criminal Miscellaneous

Case is closed.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 CrlM.C..No.8706/2023





                  APPENDIX OF CRL.MC 8706/2023

PETITIONER ANNEXURES
Annexure 1        TRUE COPY OF THE FINAL REPORT DATED
                  21/12/2011
Annexure 2        A TRUE COPY OF THE JUDGMENT DATED

5/7/2022 PASSED BY THIS HON'BLE COURT IN CRL.M.C. NO. 1921/2012 Annexure 3 A TRUE COPY OF THE DEPOSITION OF PW1 DATED NIL