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2026 Supreme(Online)(Ker) 5625

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
THE SECRETARY ADICHANALLOOR GRAMA PANCHAYATH, ADICHANALLOOR.P.O., KOLLAM TALUK, KOLLAM DISTRICT-691573. – Appellant
Versus
NISAM @ NISAMUDEEN, S/O.SHAMSUDEEN, THADAVILA VEEDU, KULAPPADAM, NEDUMPANA.P.O., KOLLAM TALUK, KOLLAM DISTRICT-691576. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BIJITH S.KHAN
For the Respondents: SRI.T.B.HOOD, SMT.M.ISHA, SRI.AMAL KASHA

ORDER

The complainant in S.T.No.3011/2008, who is the Secretary of Adichanalloor Grama Panchayath, Kollam, has filed this petition under Section 482 Cr.P.C., aggrieved by the order dated 25.10.2019 of the Judicial First Class Magistrate Court, South Paravoor, dismissing a petition filed under Section 311 Cr.P.C., for recalling PW1 for the purpose of bringing on record the copy of the measurement book (M-book) related to the issue involved in that case.

2. The allegation against the accused in the said case, who is the first respondent herein, is that he failed to remit an amount of Rs.4,33,113/- due to the Adichanalloor Panchayat, as per the terms of the agreement signed, in connection with the removal of sand, mud, clay, soil wastes, etc., from Adichanalloor chira. Though there is no specific averment in the complaint, which the petitioner had filed before the learned Magistrate, it appears that the aforesaid prosecution has been launched alleging the commission of offence under Section 210 of the Kerala Panchyayat Raj Act, 1994.

3. The complainant in that case was examined as PW1 on

31.07.2014. During the cross examination of the complainant, the learned counsel for the accused p

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