ORDER :

G.GIRISH, J.

The order dated 18.11.2023 of the Additional Sessions Court, Irinjalakuda, in CMP No.283/2023 in S.C.No.823/2021, disallowing the request of the accused Nos.2 & 5 in the said case to summon the Judicial First Class Magistrate concerned, who recorded the statement of PW3 under Section 164 of the Code of Criminal Procedure, 1973(in short, ‘Cr.PC’), is under challenge in this petition filed under Section 482 Cr.PC.

2. The aforesaid case relates to the murder of a lady, who was the aunt of PW3. PW3, the eyewitness to that incident, was aged only 15 years at the time of incident. At the time of investigation, his statement was recorded by the Judicial Magistrate concerned, under Section 164 Cr.PC. During the course of trial before the Sessions Court, PW3 gave evidence about the act of accused Nos.1 to 3 mounting physical assault upon the deceased by slashing her with a dagger, stabbing with knife and exploding hand grenade. He was cross-examined at length by the learned counsel for the accused. However, no contradictions were marked. At the time of defence evidence, the accused sought to examine the Magistrate who recorded the statement of PW3 under Section 164 Cr.PC.