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1989 Supreme(Ker) 3

CHETTUR SANKARAN NAIR
C. Lohithakshan – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

Petitioner seeks to revise an order of the Court of Session, Kasaragod, in Crl.R.P. No. 26 of 1988 setting aside the order of the Magistrate declining permission to send material objects involved in the case, to the Director of Forensic Science Laboratory for examination. Petitioner (second accused) and fifty two others are alleged to have committed offences punishable under Sections 143, 147, 148, 323, 324, 120B, 436, 307, 302 and 34 read with S. 149, IPC, at or about 5.30 p.m. on 23-3-1987 - the date of general elections to the Kerala Legislative Assembly. On 29-3-1988, the charge-sheet was filed. Along with that, a petition was made seeking permission to send certain material objects produced in Court to the Forensic Science Laboratory. Reason for the petition was that a report obtained earlier from the Assistant Chemical Examiner, Calicut contained mistakes. The Magistrate declined the prayer, and on revision the Sessions Judge granted it.

2. Counsel for petitioner submits that the order would operate to the prejudice of the accused, and that the Court had no jurisdiction to make an order in the nature made. In answer, learned Special Prosecutor submitted that, what












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