Kerala High Court
Rameez Roshan vs The State Of Kerala on 3 April, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP(CRL.) NO. 277 OF 2024
CRIME NO.50/2023 OF EXCISE CRIME BRANCH (NORTH ZONE), KOZHIKODE,
Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1198 OF 2021 OF SPECIAL
COURT (ATROCITIES AGAINST SC/ST), MANJERI
PETITIONER:
RAMEEZ ROSHAN
AGED 28 YEARS
S/O ABDUL RASAK, KALATHINGAL AL HARAMA HOUSE,
VALLIKUNNU, KOZHIKODE, PIN - 673019
BY ADVS.
K.M.SATHYANATHA MENON
ANJALI
AYISHA
RESPONDENT:
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
G SUDHEER,PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 277 OF 2024
2
K.BABU, J.
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O.P(Crl) No.277 of 2024
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Dated this the 3rd day of April, 2024
JUDGMENT
The prayers in this Original Petition are as follows:-
"(i) To direct the learned Special Judge, Manjeri to issue
readable copies of the depositions of the witnesses as per
copy application dated 10.01.2024 bearing No.ECO
45401003270/2024(264/2024) to the petitioner as prayed
for in CMP4/2024 in S.C.No.1198 of 2021 on the file of the
court of Additional Sessions (Special Court for NDPS Act
cases), Manjeri.
And
(ii) To grant such other relief's as this Honourable Court
may deem fit in the circumstances of this case."
(iii) Allow the Original Petition (Criminal).
2. The petitioner is accused No.1 in S.C.No.1198 of 2021
on the file of the Additional Sessions Court (Special Court for
NDPS Act offences), Manjeri.
3. The trial court is proceeding with the trial. The
examination of the witnesses is almost over. It is submitted
that the petitioner filed an application seeking readable copies
of the depositions recorded by the presiding officer, as the
handwriting of the learned Judge is not readable. It is submitted
that the trial court has not yet issued readable copies of the
depositions of the witnesses. On the requirement of the court
OP(CRL.) NO. 277 OF 2024
to prepare readable copies of the depositions, this Court in
A.K.Muhammed Kunhi v. Muhammed Haji & Ors.[2014
(3) KLJ 793] observed thus:-
"11. As regards the procedure for taking out readable copy
of the deposition of the presiding officer, this court has issued
circular regarding the same, as circular No.27/70 (D1-
25751/70 dated 06.08.1970, which reads as follows:
Recording of depositions and statements of accused
persons- Preparation of legible copy of illegible
deposition-Instructions issued.
It is noticed that the depositions of witnesses and the
statements of accused persons recorded by some of
the presiding officers are illegible. There have been
instances where different versions of the depositions
are to be found in the certified copies and in the
copies forwarded to the High Court for the purpose of
Referred Trials. The High Court would impress upon
the presiding officers that it is essential to have a
clear and legible record of the depositions of
witnesses and the statements of accused persons.
2. If the handwriting of any presiding officer is not
easily readable he will arrange for the preparation of
clear legible copies of depositions and statements as
soon as practicable after they are recorded. The
presiding officer will carefully scrutinise the copies
and certify their correctness. But, although these
copies may be referred to, if necessary, certified
copies must, of course, be prepared only from the
original.
12. So, it is clear from the above circular No.27/70 (D1-
25751/70 that the office of the court is expected to take
OP(CRL.) NO. 277 OF 2024
down the readable copy of the deposition recorded by the
presiding officer, as soon as possible, immediately after the
deposition is recorded, so as to avoid the difficulty of taking
out the readable copy of the deposition of the presiding
officer, whose handwriting is not readable or illegible on a
later occasion. This circular is expected to be followed strictly
by the courts below."
4. The Trial Court is therefore directed to issue the
readable copies as prayed for in Exhibit P1 in accordance with
the relevant rules.
The Original Petition is disposed of as above.
Sd/-
K.BABU
JUDGE
saap
OP(CRL.) NO. 277 OF 2024
APPENDIX OF OP(CRL.) 277/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CMP NO. 4/ 2024 IN S.C.
NO. 1198 OF 2021 DATED 12.3.2024 ON THE
FILE OF COURT OF ADDITIONAL SESSIONS
(SPECIAL COURT FOR NDPS ACT CASES),
MANJERI
Exhibit P2 A TRUE COPY OF THE CASE STATUS OF S.C. NO.
1198 OF 2021 ON THE FILES OF COURT OF
ADDITIONAL SESSIONS (SPECIAL COURT FOR
NDPS ACT CASES), MANJERI DATED 23.3.2024
