Kerala High Court
K. Viswanatha Panicker vs State Of Kerala on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP(CRL.) NO. 515 OF 2023
CR NO.79/2016 OF Tripunithura Excise Range Office, Ernakulam
SC 957/2019 OF ASST. SESSIONS JUDGE-III, ERNAKULAM
PETITIONER/ACCUSED:
K. VISWANATHA PANICKER
AGED 64 YEARS, S/O.K.P.NAIR,
SOUBHAGYA LANE, NIRAVATH ROAD,
MARADU, ERNAKULAM, PIN - 682304
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
BY ADV.SRI.P.G.MANU, SR. PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl) No.515/2023 2
JUDGMENT
Dated this the 23rd day of August, 2023
This Original Petition has been filed under Article 227 of the
Constitution of India with a prayer to direct the Assistant Sessions
Court-III, Ernakulam, to issue summons to PW7 and permit the
defence counsel to prove Exts.D1 to D4 contradictions through PW7
since the person who recorded Exts.D1 to D4 is no more.
2. At the time of hearing, learned counsel for the petitioner
submitted that even though a petition has been filed under Section
311 of Crl.P.C. before the Assistant Sessions Court, seeking the
same relief, the said petition also was dismissed and certified copy
of the order was issued which shows that in page Nos.1 and 2,
there is discussion regarding Section 311 Crl.P.C. petition, but in
page Nos.3, 4, 5 and 6, discussion is with regard to another case.
On perusal of the order, this submission appears to be convincing.
The careless manner in which the certified copy was issued is noted
with displeasure and serious concern. Therefore, the learned
Assistant Sessions Judge is directed to offer remarks in this matter
within 15 days from the date of receipt of a copy of this judgment.
3. Since the prayer in this Original Petition is as extracted
above, I am of the view that it is necessary to direct the learned
Assistant Sessions Judge-III, Ernakulam, to recall and issue
summons to PW7 and permit the defence counsel to put questions
to PW7, regarding Exts.D1 to D4, being a person who is acquainted
with the handwriting of the maker of Exts.D1 to D4 to the said
limited extent. Therefore, the learned Assistant Sessions Judge-III,
Ernakulam, is directed to recall and issue summons to PW7 in
S.C.No.957 of 2019 and permit the counsel for the accused to put
questions regarding Exts.D1 to D4, regarding the handwriting in
relation to Exts.D1 to D4 contradictions to PW7 and get his
answers, so that if PW7 is familiar with the handwriting of Exts.D1
to D4 to prove the same to that limited extent.
4. Registry is directed to forward copy of this judgment to
the court below for information and compliance with direction to
the learned Assistant Sessions Judge, to report compliance of the
order within five weeks.
This Original Petition stands allowed as indicated above.
Sd/-
A. BADHARUDEEN
JUDGE
csl
APPENDIX OF OP(CRL.) 515/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE PHOTOCOPY OF THE FINAL REPORT DATED
15.12.2018 IN CR.NO.79/2016 OF
THRIPUNITHURA EXCISE RANGE OFFICE.
Exhibit-P2 TRUE PHOTOCOPY OF THE DEPOSITION OF PW-1
IN SC.NO.957/2019 ON THE FILES OF THE
ASST. SESSIONS JUDGE-III, ERNAKULAM
Exhibit-P3 TRUE PHOTOCOPY OF THE DEPOSITION OF PW-2
IN SC.NO.957/2019 ON THE FILES OF THE
ASST. SESSIONS JUDGE-III, ERNAKULAM
Exhibit-P4 TRUE PHOTOCOPY OF THE DEPOSITION OF PW-3
IN SC.NO.957/2019 ON THE FILES OF THE
ASST. SESSIONS JUDGE-III, ERNAKULAM
Exhibit-P5 TRUE PHOTOCOPY OF THE DEPOSITION OF PW-4
IN SC.NO.957/2019 ON THE FILES OF THE
ASST. SESSIONS JUDGE-III, ERNAKULAM
Exhibit P6 TRUE PHOTOCOPY OF THE PETITION,
CRL.MP.NO.112/2023 IN SC.NO.957/2019
FILED UNDER SECTION 311 CR.P.C BEFORE THE
ASST. SESSIONS COURT-III, ERNAKULAM.
