The High Court of Kerala allowed the petitioner to examine four additional witnesses in a private complaint, noting the minor delay would not prejudice the trial, while directing expedited disposal within three months and barring further evidence.
Petitioner permitted to examine four additional witnesses; impugned orders set aside; no further evidence allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
Crl.MC.No.339 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN ST 1923/2014 DATED 11-11-2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,SULTHANBATHERY
PETITIONER/S:
THANKACHAN AGED 49 YEARS S/O. LATE SEBASTIAN, MOONJANATTU HOUSE, NOOLPPUZHA POST, WAYANAD.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/S:
1 A.SURENDRAN AGED 56 YEARS VICE PRESIDENT, NOOLPPUZHA GRAMA PANCHAYATH, NAIKATTY POST, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
2 K. T. KURIAKOSE AGED 58 YEARS STANDING COMMITTEE CHAIRMAN, NOOLPPUZHA GRAMA PANCHAYATH, NAIKATTY POST, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
3 K. M. POULOSE AGED 62 YEARS MEMBER, NOOLPPUZHA GRAMA PANCHAYATH, NAIKATTY POST, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
4 M. A. DINESAN AGED 56 YEARS NOOLPPUZHA GRAMA PANCHAYATH, NAIKATTY POST, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
5 K. SOBHAKUMAR AGED 62 YEARS PRABATH HOUSE, NAIKATTY POST, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
6 T. MUHAMMED AGED 51 YEARS S/O. LATE ABDURAHIMAN KUTTY HAJI, ILLICHUVADU,
Crl.MC.No.339 OF 2020(B) 2
NAIKATTY POST, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
7 V. M. JOSEPH AGED 66 YEARS VELLAMATTATHIL HOSUE, EARACHALIL, NOOLPPUZHA, SULTHAN BATHERI, WAYANAD DISTRICT - 673 592.
R1-7 BY ADV. SMT.CELINE JOSEPH
OTHER PRESENT:
SRI.HRITHWIK C.S(SR)- P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.339 OF 2020(B) 3
O R D E R
Dated this the 2nd day of March 2020
There are four additional witnesses sought to be examined by the petitioner/complainant to prove certain facts relating to the complaint. He was working as a Lecturer in a Government College and he wants to get that proved from one of the witnesses and through another witness he wants to prove that an appeal has not been preferred from the decision of the collector in connection with a strike in which he had participated. The examination of these witnesses may not take much time, so as to protract the litigation. The objection that the witnesses newly introduced were not mentioned earlier in the complaint is also not of much consequence as this is a private complaint and not a police case where previous statements are recorded during investigation.
Crl.MC.No.339 OF 2020(B) 4
However, it is made clear that no further opportunity shall be granted to the complainant to adduce any further evidence. The learned Magistrate is directed to dispose of the matter expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this order.
With these observations, the Crl.M.C is disposed of.
SD/-
ASHOK MENON
JUDGE
rmm
Crl.MC.No.339 OF 2020(B) 5
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE PHOTOCOPY OF THE COMPLAINT DATED 3.2.2015. ANNEXURE B CERTIFIED COPY OF THE ORDER DATED 19.10.2019 IN S.T.NO.1923/2014. ANNEXURE C TRUE PHOTOCOPY OF THE PETITION DATED 30.10.2019 ALONG WITH THE LIST OF WITNESSES. ANNEXURE D CERTIFIED COPY OF THE ORDER DATED 11.11.2019.
1 issue framed by the court
Whether additional witnesses can be examined in a private complaint despite objections
1 provisions across 1 enactments
THANKACHAN
A.SURENDRAN
K. T. KURIAKOSE
K. M. POULOSE
M. A. DINESAN
K. SOBHAKUMAR
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
