Rajesh vs State Of Kerala
2021 Latest Caselaw 20732 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                     THE HONOURABLE MRS. JUSTICE M.R.ANITHA

          TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

                            CRL.MC NO. 2098 OF 2021

 AGAINST THE ORDER IN CRMP 3/2020 IN S.C.NO.250/2019 OF ADDITIONAL SESSIONS

                    COURT, NEYYATTINKARA, THIRUVANANTHAPURAM

     CRIME NO.827/2013 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM

PETITIONER/1ST ACCUSED:

            RAJESH
            AGED 43 YEARS
            S/O. KRISHNAN NAIR, SRELALITHAM VEEDU, KEEZHAROOR VILLAGE,
            NEYYATTINKARA

            BY ADVS.
            S.RAJEEV
            SRI.K.K.DHEERENDRAKRISHNAN
            SRI.V.VINAY
            SRI.K.ANAND (A-1921)
            SRI.M.S.ANEER


RESPONDENT/STATE:

     1      STATE OF KERALA
            REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
            (CRIME NO.827/2013 OF VELLARADA POLICE STATION,
            THIRUVANANTHAPURAM
     2      ADDL.R2.
            GOPAKUMAR
            S/O. (LATE) NARAYANAN NAIR, AGED 32 YEARS,
            SARASWATI MANDIRAM, ELLUVILA, KALLARA, ANAVOOR,
            THIRUVANANTHAPURAM

            IS IMPLEADED AS PER ORDER DATED 05.10.2021 IN CRL.M.A.No.2/2021

            R1 BY ADVS. SHRI.T.A. SHAJI, DIRECTOR GENERAL OF PROSECUTION
                        SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
                        SHRI.SAJJU.S., SENIOR GOVERNMENT PLEADER

            ADDL.R2       SRI.SUMAN CHAKRAVARTHY
                          SMT.K.R.RIJA




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.10.2021,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.2098 of 2021           2

                             ORDER

This Crl.M.C. has been filed seeking to quash Annexure II

order dated 22.03.2021 in Crl.M.P.No.3/2020 in S.C.No.250/2019

passed by the learned Additional Sessions Judge, Neyyattinkara.

2. Annexure I is the copy of petition filed by the

petitioner, by which, the petitioner sought for a direction to the

prosecution to furnish the date of questioning the witness 1 to 44

before framing the charge. By the impugned Annexure II order,

the learned Additional Sessions Judge, dismissed the petition

finding that there is no provision in the Cr.P.C. to furnish dates of

questioning the witnesses to the accused.

3. When the case came up for hearing, the learned

Director General of Prosecution submitted that the respondent -

State is ready to furnish the dates of questioning the witnesses

No.1 to 44 in this case, if they were actually questioned by the

investigating officer.

Recording the submission of the learned DGP, this Crl.M.C.

disposed of.

Sd/-

                                                 M.R.ANITHA

shg                                                 JUDGE





                          APPENDIX OF CRL.MC 2098/2021

PETITIONER ANNEXURE
ANNEXURE-I                A COPY OF THE PETITION SUBMITTED BY THE PETITIONER

BEFORE THE ADDL.SESSIONS JUDGE AS CRL.MP.NO.3/2020 IN SC NO.250/2019 ANNEXURE-II A CERTIFIED COPY OF THE ORDER DATED 22.03.2021 IN CRL.MP.NO.3/2020 IN SC NO.250/2019 RESPONDENT ANNEXURE Annexure R2(A) TRUE COPY OF THE JUDGMENT DATED 1.2.2021 IN OP(CRL) NO. 6/21.