Kerala High Court
Aneesh vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.MC NO. 6369 OF 2022
AGAINST THE ORDER/JUDGMENT CRMP 1323/2022 OF DISTRICT COURT &
SESSIONS COURT, PALAKKAD
PETITIONER/RESPONDENT/ACCUSED:
ANEESH
AGED 39 YEARS
SON OF THOMAS, CHIRAKKAL HOUSE, KADASSIKADAVU,
PAMPUMPARA.P.O., IDUKKI DISTRICT, PIN-685551.
BY ADV M.REVIKRISHNAN
RESPONDENT/PETITIONER/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
PIN - 682031
BY ADV.
SMT.SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, ALONG WITH Crl.MC.6375/2022, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.Nos.6369 & 6375 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
CRL.MC NO. 6375 OF 2022
PETITIONER/RESPONDENT/ACCUSED:
ANEESH
AGED 39 YEARS
SON OF THOMAS, CHIRAKKAL HOUSE, KADASSIKADAVU,
PAMPUMPARA.P.O., IDUKKI DISTRICT, PIN-685551.
BY ADV M.REVIKRISHNAN
RESPONDENT/PETITIONER/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM - 682031.
BY ADV.
SMT.SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 18.09.2023, ALONG WITH Crl.MC.6369/2022,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.6369 & 6375 of 2022
3
P.V.KUNHIKRISHNAN, J.
------------------------------
Crl.M.C.Nos.6369 & 6375 of 2022
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Dated this the 18th day of September, 2023
ORDER
These Criminal Miscellaneous Cases are filed under
Section 482 of the Code of Criminal Procedure, 1973
("the Code" for the sake of brevity).
2. These Criminal Miscellaneous Cases are
connected and therefore I am disposing of these two
cases by a common order.
3. Petitioner is the accused in S.C.No.334/2013
on the file of the Additional Sessions Judge - II,
Palakkad. The above case is charge sheeted against the
petitioner alleging offences punishable inter alia under
Section 302 IPC. The evidence in this case was closed in
the year 2016 and after about 6 years, prosecution filed
Crl.M.C.Nos.6369 & 6375 of 2022
two petitions as Crl.M.P.Nos.1244 & 1323 of 2022 to
recall certain witnesses under Section 311 Cr.P.C. The
learned Sessions judge allowed those applications by a
common order. Aggrieved by the same, these Criminal
Miscellaneous Cases are filed.
4. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
5. The main contention of the petitioner is that
the evidence in this case was closed in the year 2016
and petitions were filed to recall the witnesses in the
year 2022. According to the petitioner, it is a clear case
in which the prosecution wants to fill up the lacuna in
the prosecution case. The learned Sessions Judge in
paragraph 15 of the impugned order found that there is
no satisfactory explanation regarding the delay caused
in filing the petition. Even then the petition was
allowed.
Crl.M.C.Nos.6369 & 6375 of 2022
6. Annexures 1 and 2 respectively are the
petition filed by the prosecution and the objection filed
by the petitioner before the lower court in these cases.
A perusal of Annexure 2 produced in these Criminal
Miscellaneous cases would show that a detailed
objection was filed by the petitioner, objecting Section
311 Cr.P.C. petition. A perusal of the impugned order
would not show that, all the contentions of the
petitioner are considered by the learned Sessions Judge
before passing the final order. Therefore, without
expressing any opinion on merit, I think the impugned
order can be set aside and there can be a direction to
the lower court to reconsider the matter after giving an
opportunity of hearing to the petitioner and the
prosecution.
Therefore, these Criminal Miscellaneous Cases are
disposed of in the following manner:
Crl.M.C.Nos.6369 & 6375 of 2022
i) The common order dated 13.07.2022 in
Crl.M.P.Nos.1244 & 1323 of 2022 on the file of the
Additional Sessions Judge - II, Palakkad are
quashed.
ii) The Additional Sessions Judge - II,
Palakkad is directed to reconsider Crl.M.P.Nos.1244
& 1323 of 2022 after adverting the objections
raised by the petitioner in Annexure 2, as
expeditiously as possible.
iii) The Sessions Judge will try to dispose of
S.C.No.334/2013, as expeditiously as possible.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
Crl.M.C.Nos.6369 & 6375 of 2022
APPENDIX OF CRL.MC 6375/2022
PETITIONER ANNEXURES
ANNEXURE1 COPY OF THE PETITION PREFERRED BY THE
PROSECUTION SEEKING INVOCATION OF
POWERS UNDER SECTION 311 CR.P.C. BY
THE COURT BELOW AS CRL.M.P.NO. 1244
OF 2022 ON THE FILES OF THE COURT OF
THE ADDITIONAL SESSIONS JUDGE-II,
PALAKKAD
ANNEXURE2 COPY OF THE COMMON COUNTER STATEMENT
PREFERRED BY THE COUNSEL FOR THE
ACCUSED BEFORE THE COURT BELOW
AGAINST CRL.M.P.NOS. 1323/2022 AND
1244/2022
ANNEXURE3 COPY OF THE ORDER PASSED IN
CRL.M.P.NO. 1244 OF 2022 BY THE COURT
OF THE ADDITIONAL SESSIONS JUDGE-II,
PALAKKAD DATED 13.07.2022 RENDERED AS
A COMMON ORDER IN CRL.M.P.NOS.
1323/2022 AND 1244/2022 ON THE FILES
OF THAT COURT
Crl.M.C.Nos.6369 & 6375 of 2022
APPENDIX OF CRL.MC 6369/2022
PETITIONER ANNEXURES
ANNEXURE1 COPY OF THE PETITION PREFERRED BY THE
PROSECUTION SEEKING INVOCATION OF
POWERS UNDER SECTION 311 CR.P.C. BY
THE COURT BELOW AS CRL.M.P.NO. 1323
OF 2022 ON THE FILES OF THE COURT OF
THE ADDITIONAL SESSIONS JUDGE-II,
PALAKKAD
ANNEXURE2 COPY OF THE COMMON COUNTER STATEMENT
PREFERRED BY THE COUNSEL FOR THE
ACCUSED BEFORE THE COURT BELOW
AGAINST CRL.M.P.NOS. 1323/2022 AND
1244/2022
ANNEXURE3 COPY OF THE DEPOSITION OF PW30, THE
DOCTOR WHO HAD TAKEN THE BLOOD SAMPLE
OF THE ACCUSED FOR DNA ANALYSIS
ANNEXURE4 CERTIFIED COPY OF THE ORDER PASSED IN
CRL.M.P.NO. 1323 OF 2022 BY THE COURT
OF THE ADDITIONAL SESSIONS JUDGE-II,
PALAKKAD DATED 13.07.2022 RENDERED AS
A COMMON ORDER IN CRL.M.P.NOS.
1323/2022 AND 1244/2022 ON THE FILES
OF THAT COURT
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
