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K.P Pookoyathangal vs State Of Kerala

High Court Of Kerala|04 November, 2014
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JUDGMENT / ORDER

Petitioner herein is the complainant in C.C.No. 31/2012 before the Judicial First Class Magistrate Court-II, Parappanangadi. After his examination, he filed application under Section 311 Cr.P.C. to recall himself for adducing some further evidence. That was allowed by the learned Magistrate. He again made another application as CMP No. 365/2013 under Section 311 Cr.P.C. to recall himself again. That application was dismissed by the learned Magistrate on 06.02.2014. The said order is under challenge in this petition brought under Article 227 of the Constitution of India. A perusal of the impugned order shows that the application was rightly dismissed by the learned Magistrate. It appears that he wants something more in evidence. He was once examined, and he was once recalled also. Later, he thought of filling the lacuna on his part, and thus he made a second application to recall himself. What he wants to say is something which he should have said when examined first O.P.(Crl) No. 63 Of 2014 2 as a witness. I find that the experimental request made for the second time was rightly disallowed by the trial court. In the result, this petition is dismissed.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

K.P Pookoyathangal vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri Harish
  • Sri
  • K T Shyamkumar