Kerala High Court
Asif vs State Of Kerala on 2 November, 2024
2024:KER:81479
CRL.MC No. 9156 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
SATURDAY, THE 2ND DAY OF NOVEMBER 2024/11TH KARTHIKA, 1946
CRL.MC NO. 9156 OF 2024
CRIME NO.1853/2017 OF MATTANCHERRY POLICE STATION,
ERNAKULAM IN SC NO.565 OF 2018 OF SPECIAL C IDAMALAYAR INVN
& 5 ADDITIONAL DISTRICT COURT, ERNAKULAM/II ADDITIONAL
MACT, EKM
PETITIONER/ACCUSED:
ASIF,
AGED 40 YEARS, S/O.ABDU,
CHELAPARAMBIL HOUSE, NEW ROAD,
KOCHI 682 002, PIN-682002
BY ADVS.
K.R.VINOD
M.S.LETHA
ATHIRA K.S.
ABHISHEK P. NAIR
HRISHIKESH H. DAS
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682031
SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02.11.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2024:KER:81479
CRL.MC No. 9156 of 2024
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ORDER
Dated this the 2nd day of November, 2024
This Crl.M.C. has been filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 by the accused in
S.C.No.565/2018 on the files of the Additional Sessions Court-
V, Idamalayar, Ernakulam, arising out of Crime No.1853/2017
of Mattanchery Police Station, Ernakulam and the prayers are
as under;
i) Call for the records pertaining to Annexure A7
and quash the same by invoking the inherent
powers of this Honourable Court.
ii) To direct the Additional District and Sessions
Court-V, Idamalayar, Ernakulam to consider and
pass orders on Annexure A4 petition filed by the
petitioner and further verify whether Rule 19(4)
of the Criminal Rules of Practice in Annexure A1
case has been complied with the prosecution and
failing which direct the Investigating
Officer/prosecution to comply with Rule 19(4) of
2024:KER:81479
the Criminal Rules of Practice before the
commencement of the trial of S.C.No.565/2018
on the files of the Additional District and Sessions
Court-V, Idamalayar, Ernakulam.
iii) To issue any other order or direction
appropriate in the circumstances of the case.
2. Heard the learned counsel for the petitioner
and the learned Public Prosecutor in detail.
3. The grievance advanced by the learned
counsel for the petitioner is that this matter is scheduled for
trial with effect from 04.11.2024 without complying the
mandate under Rule 19(4) of the Kerala Criminal Rules of
Practice.
4. Yesterday when this matter came before this
Court, the learned Public Prosecutor was directed to get
instructions regarding compliance of Rule 19(4) of the Kerala
Criminal Rules of Practice.
2024:KER:81479
5. Today, the learned Public Prosecutor
submitted that the instruction is that Rule 19(4) of the Kerala
Criminal Rules of Practice has not been complied with.
6. In this connection, it is relevant to note that
specific direction was given to all Sessions Courts in the
District Judiciary to comply Rule 19(4) of the Kerala Criminal
Rules of Practice before start of trial, since the same is the
right of the accused protected by a statutory rule, in the
decisions reported in Akhil Sabu v. State of Kerala [2024
KLT OnLine 1775]. Therefore, the proposed trial to be held on
04.11.2024 without complying the mandate of Rule 19(4)
pointed out by the learned counsel for the petitioner needs
interference.
7. In view of the above, this Crl.M.C. stands
allowed directing the learned Special Judge to ensure
compliance of Rule 19(4) of the Kerala Criminal Rules of
2024:KER:81479
Practice and with specific direction to the Public Prosecutor to
comply Rule 19(4) of the Kerala Criminal Rules of Practice
within two weeks. In order to comply the directions, the trial
proposed on 04.11.2024 stands deferred to a convenient date
to be fixed by the trial court after compliance of Rule 19(4) of
the Kerala Criminal Rules of Practice (within two weeks from
the date of compliance), as directed.
Registry is directed to forward a copy of this order to
the trial court for information and compliance.
Sd/-
A. BADHARUDEEN
JUDGE
bpr
2024:KER:81479
PETITIONER'S ANNEXURES
Annexure A2 THE COPY OF THE E-COURT PROCEEDINGS OF
S.C.NO.565/2018 IN THE FILES OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE V
(IDAMALAYAR) ERNAKULAM DATED 30.08.2024
Annexure A3 THE COPY OF THE CRL.M.P.NO.4425/2024
FILED BY THE PETITIONER
Annexure A4 THE COPY OF THE CRL.M.P.NO.4425/2024
FILED BY THE PETITIONER
Annexure A5 THE COPY OF THE JUDGMENT IN PONNUSAMY P.
VS. STATE OF TAMIL NADU (2022 KHC 7177)
Annexure A6 THE COPY OF THE PETITION SEEKING
ADVANCEMENT OF HEARING FILED BY THE
PETITIONER FOR CONSIDERING ANNEXURE A4
PETITION AS C.M.P.NO.4424/2024
Annexure A7 THE COPY OF THE E-COURT PROCEEDINGS IN
S.C.NO.565/2018 DATED 25.10.2024 OF
ADDITIONAL DISTRICT AND SESSIONS COURT V
(IDAMALAYAR), ERNAKULAM,
