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K.Mohanan

High Court Of Kerala|08 October, 2014
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JUDGMENT / ORDER

Petitioner herein is the accused in C.C. No. 47/2012 before the Judicial First Class Magistrate Court-II, Thamarassery. 2. The learned counsel for the accused brought out some statements including a statement that the complainant has some documents in his possession. Immediately, the accused filed CMP No. 4686/2014 for a direction to the complainant to produce those documents. The said application was disallowed by the learned Magistrate by order dated 21.08.2014. The accused has now brought this petition under Section 482 Cr.P.C. to quash the said order, and to direct the trial court to cause production of those documents.
3. On hearing the learned counsel and on perusal of the impugned order, I find that the request of the accused was rightly rejected by the trial court. It is quite usual that during cross examination, the counsel for the accused will bring out so Crl.M.C.. No. 5629/2014 2 many things from the complainant. If the court proceeds to give directions to cause production of such materials as part of trial, the trial process will go on indefinitely. The accused does not explain or specify, what document he requires, or what exactly is purpose for which he requires such documents. If at all it is something proving the source of the complainant, it must be the concern of the complainant to produce such documents, when the court finds some material to doubt his source. Any way, it is not the concern of the accused. I find that the application filed by the accused was rightly disallowed by the learned Magistrate, and I find no reason or ground to quash the said order under Section 482 Cr.P.C.
In the result, this Crl.M.C. is dismissed in limine, without being admitted to files.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

K.Mohanan

Court

High Court Of Kerala

JudgmentDate
08 October, 2014
Judges
  • P Ubaid
Advocates
  • U Balagangadharan