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C.K. MADHAVAN NAIR versus T.P. ANIL KUMAR

High Court of Kerala

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C.K. MADHAVAN NAIR v. T.P. ANIL KUMAR - WP(C) No. 21349 of 2006(N) [2006] RD-KL 683 (11 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21349 of 2006(N)

1. C.K.MADHAVAN NAIR,
... Petitioner

Vs

1. T.P.ANIL KUMAR, S/O.PARAMESWARAN NAIR,
... Respondent

2. THULASI BAI, W/O.PARAMESWARAN NAIR,

3. BINDU.P.NAIR, W/O.PRADEEP KUMAR.S.,

4. S.PRADEEP KUMAR, T.C.NO.9/935,

For Petitioner :SRI.M.RAJAGOPALAN NAIR

For Respondent :SRI.PRAVEEN VYASAN

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :11/09/2006

O R D E R

K.R. UDAYABHANU,J

W.P.(C) NO. 21349 OF 2006

Dated this the 11nd day of September 2006



JUDGMENT

The petitioner, who is the complainant in C.C. 187/96 in the file of Additional Chief Judicial Magistrate, Thiruvananthapuram has sought for a direction to the court below to call for records mentioned in Ext.P6 application filed under section 91(1) Cr.P.C. It is submitted that the court below dismissed the above application by which evidence that is very much essential to establish his case with respect to the offences alleged under section 498 A of I.P.C was sought to be adduced. I find that case is of the year 1996 and that an early disposal of the matter is required. Considering the nature of the prosecution allegations the court below is directed to permit the petitioner to call for the records vide application filed under section 91(1) Cr.P.C. Ofcourse the relevancy of the evidence can be considered later by the court. In the circumstances, the writ petition is allowed directing the Additional C.J.M to call for the records mentioned in Ext.P6 application and also to issue summons to the witnesses cited in Ext.P4 and dispose of the case on merits. The W.(P).C is disposed of accordingly.

K.R. UDAYABHANU,JUDGE.

RV/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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