Kerala High Court
Monson M.C. @ Monson Mavungal vs State Of Kerala on 28 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 28th day of April 2023 / 8th Vaisakha, 1945
CRL.MC NO. 3511 OF 2023
SC 1318/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST
WOMEN & CHILDREN), ERNAKULAM
PETITIONER:
MONSON M.C. @ MONSON MAVUNGAL,AGED 52 YEARS ,S/O. M.L.CHAKO,
MAVUNGAL HOUSE, VALLAYIL BHAGAM, CHERTHALA SOUTH VILLAGE, ALAPPUZHA
DISTRICT, PIN - 688524
RESPONDENT:
1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2. THE INVESTIGATION OFFICER (DEPUTY SUPERINTENDENT OF POLICE-II),CRIME
BRANCH, ERNAKULAM, PIN - 683101
This Criminal MC coming up for orders upon perusing the petition and
upon hearing the arguments of
M/S.M.G.SREEJITH,P.JAYA,SWAPNALEKHA.K.T,VIDYAJITH.M,ROJIN DEVASSY,
advocates for petitioner and of PUBLIC PROSECUTOR, for R1 & R2, the court
passed the following:
BASANT BALAJI, J.
---------------------------------------------
Crl.M.C. No.3511 of 2023
----------------------------------------------
Dated this the 28th day of April, 2023
ORDER
This is a petition filed against the common order in Crl.M.P.Nos.184/2023 and 185/2023 in S.C.No.1318 of 2021 wherein Section 311 of Cr.P.C was invoked and PW1 is recalled to mark the matriculation certificate of the victim to prove the age of the victim. The application was filed on 04.04.2023 under Section 311 of Cr.P.C was acted upon by the court below and allowed in spite of the serious objection raised by the accused.
2. The counsel for the petitioner submits that on 03.06.2022 the trial commenced and the evidence was closed on 07.02.2023 and was posted for hearing on 10.02.2023. On 01.03.2023, the Public Prosecutor argued the case and on 30.03.2023, the defence counsel also completed the arguments and written argument notes were served on the Public Prosecutor. On 04.04.2023, the Public Prosecutor filed a petition to reopen the evidence under Section 311 of Cr.P.C and petition under Section 91 of Cr.P.C. The counsel further submitted that it is only to fill up the lacuna of the prosecution case that such a petition is filed and that too after the argument notes were filed. The counsel for the petitioner submits that the case is now posted to 02.05.2023 for Crl.M.C. No.3511 of 2023 ..2..
examination of PW1 on the basis of the impugned order.
3. The Public Prosecutor opposes the prayer and submits that she requires time to get instructions and the case may be posted to 02.05.2023 for further hearing.
4. It is seen from the records that as per the common order the case is posted to 02.05.2023 for examination of PW1 to prove the matriculation certificate in order to prove the age of the victim. The examination is posted to 02.05.2023, hence I deem it appropriate that the trial is adjourned by one day.
Post on 02.05.2023 for hearing.
H/o.
Sd/-
BASANT BALAJI, JUDGE AS 28-04-2023 /True Copy/ Assistant Registrar