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2024 Supreme(Online)(KER) 32514

HIGH COURT OF KERALA
...... – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Dated this the 3rd day of September, 2024 This Crl.M.C. has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short hereinafter) by the accused in S.C. No.1135/2021 on the files of Fast Track Special Court, Nadapuram, with prayer to quash Annexure A3 order, whereby the learned Special Judge dismissed CMP No.781/2023 in S.C.No.1135/2021.

2. In this matter, by filing a petition under Section

311 of Code of Criminal Procedure, the prosecution sought to recall PW1, PW8, PW11 and PW12 and also to issue summons to CW3 and CW14. Further PW8 was directed to produce the laptop and pen drive in which the CCTV footage copied first and to send the same, along with DVR, DVD and CD produced by PW13 to the Forensic Science Laboratory (FSL) for expert opinion. The reason for seeking such a prayer has been summarised in paragraph 2 of Annexure A3 as under;

“2. The contentions in the petition, in brief, are as follows: On 18.08.2021, a complaint was lodged before the Valayam police station. After the crime was registered, the victim was referred to Government Taluk Hospital Nadapuram with a requisition from the concerned SHO. The duty doctor attached to Taluk Hospital ex

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