Kerala High Court
Ajith K.S vs State Of Kerala on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl). No.175 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
OP(CRL.) NO. 175 OF 2019
AGAINST THE PROCEEDINGS IN MC NO.21 OF 2017 OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD
PETITIONERS/PETITIONERS/RESPONDENTS:
1 AJITH K.S
AGED 32 YEARS
S/O.LATE SURENDRAN, KOLAMPILLIPADY,
KOTTAPADY.P.O. KOTTAPPADY VILLAGE.
2 VASANTHA
AGED 54 YEARS
W/O.LATE SURENDRAN, KOLLAMBALLIPADY HOUSE,
KOTTAPPADI.P.O., KOTTAPPADY VILLAGE
BY ADV. PAUL K.VARGHESE
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 SILPA,
W/O.AJITH.K.S., KOLAMBALLYPADY HOUSE,
KOTTAPPADY.P.O., KOTTAPPADY VILLAGE, NOW RESIDING
AT PULICKEL HOUSE, S.VAZHAKKULAM, VAZHAKULAM
VILLAGE, ERNAKULAM DISTRICT-683105
BY ADVS.
SRI.SABU P.JOSEPH - R2
SRI.C.N.SREEKUMAR
SMT.MANJU PAUL
SRI.ANIL PRASAD
O.P.(Crl). No.175 of 2019
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SMT.G.ASHWINI
SRI.RENJITH T.R., SENIOR PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl). No.175 of 2019
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P.V.KUNHIKRISHNAN, J.
--------------------------------
O.P.(Crl.) No. 175 of 2019
----------------------------------------------
Dated this the 07th day of November, 2024
JUDGMENT
This Original Petition (Crl.) is filed seeking the
following reliefs:
"i. Direct the Judicial First Class Magistrate Court,
Kakkanad to permit the petitioners herein to exhibit
video clipping produced by the petitioners before the
court below during the time of cross-examination of the
2nd respondent herein and accept in evidence.
ii. Issue such other order, or direction as may be
necessary on the facts and circumstances of the
case."[SIC]
2. The grievance of the petitioners is that they were
not allowed to cross-examine PW1 using the contents in a
Compact Disk. There is nothing to show that the learned
Magistrate refused the same. According to the petitioners,
the learned Magistrate refused the same. I don't want to
2024:KER:83074
make any observation about the same. The petitioners are
free to file an application before the jurisdictional court for
permitting them to cross-examine the witness using the
Compact Disc, and if such an application is filed, the court
concerned will consider the same and pass appropriate
orders in it, after giving an opportunity of hearing to the
petitioners and the 2nd respondent.
With the above observation, this Original Petition
(Crl.) is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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APPENDIX OF OP(CRL.) 175/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE M.C.NO.21/2017 ON
THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KAKKANAD FILED THE
2ND RESPONDENT DATED 13.06.2017
EXHIBIT P2 A TRUE COPY OF THE PETITION FILED BY
THE RESPONDENT IN M.C.NO.109/2018
BEFORE FAMILY COURT, MUVATTUPUZHA DATED
7.8.2018
EXHIBIT P3 A TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONERS BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KAKKANAD
DATED 4.10.2018
EXHIBIT P4 A TRUE COPY OF THE ADDITIONAL OBJECTION
FILED BY THE PETITIONER IN
M.C.NO.21/2017 JUDICIAL FIRST CLASS
MAGISTRATE COURT, KAKKANAD DATED
25.3.2019
EXHIBIT P5 A TRUE COPY OF THE O.P NO.245/2017 ON
THE FILE OF FAMILY COURT, ERNAKULAM
DATED 31.01.2017
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
