Allowed

Shafeeque, v. the State of Kerala

Kerala HC6 Jul 2021Crl.MC/1356/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition challenging the trial court's rejection of an application to examine a witness. The High Court set aside the impugned order, directing the trial court to examine the witness through video conferencing to preserve the accused's right to cross-examination.

What did the court decide?

Impugned order set aside. Direction to examine witness via video conferencing. Disposal timeline extended by two months.

Shafeeque, Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

TUESDAY, THE 6^TH DAY OF JULY 2021 / 15TH ASHADHA, 1943

¶5

CRL.MC NO. 1356 OF 2021

¶6

AGAINST THE ORDER DATED 1-3-2021 OF SPECIAL COURT FOR SC/ST(POA) ACT & NDPS ACT CASES, MANJERI IN CRL.M.P.NO.190/2021 IN

¶7

S.C.NO.363/2020

¶8

PETITIONER/ACCUSED:

¶9

SHAFEEQUE, AGED 28 YEARS S/O.HAMSA, KACHERIKKAL HOUSE, MORAYUR AMSOM, MALAYATHOTTAM DESOM, KONDOTTY TALUK, MALAPPURAM DISTRICT.

¶10

BY ADV K.RAKESH

¶11

RESPONDENTS/STATE & COMPLAINANT:

¶12

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

¶13

2 THE EXCISE INSPECTOR, MANJERI EXCISE RANGE, MALAPPURAM DISTRICT, PIN-676121.

¶14

BY ADV .SMT.S.L.SYLAJA, PUBLIC PROSECUTOR

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

CRL.MC NO. 1356 OF 2021

¶18

ORDER

¶19

Heard the counsel appearing for the

¶20

petitioner and the Public Prosecutor.

¶21

Annexure 3, order rejecting an

¶22

application seeking permission to examine the

¶23

witness who counter signed the inventory

¶24

prepared by the Excise Inspector is under

¶25

challenge. The application was dismissed by the

¶26

trial court on the reason that there is a

¶27

direction from this Court to dispose the matter

¶28

within a time schedule and the presence of witness cannot be procured within that time. The reasons advanced seemed to be so flimsy and is

¶29

against all the accepted principles of law. The witness can even be examined by arranging video

¶30

conferencing. That facility was not seen

¶31

explored by the trial court while dismissing the application and it has virtually resulted in curtailing the right of cross examination.

¶32

CRL.MC NO. 1356 OF 2021

¶33

¶34

Hence the impugned order will stand set

¶35

aside. A direction is issued to the trial court to examine the witness by arranging video conferencing, for which, the petitioner shall make all arrangements. The earlier direction issued by this court to dispose of the matter within a time schedule specified will stand extended for another period of two months from today.

¶36

The Crl.M.C. is disposed of accordingly.

Sd/JUDGE

SPV

CRL.MC NO. 1356 OF 2021

¶41

APPENDIX OF CRL.MC 1356/2021

¶42

PETITIONER'S ANNEXURE

¶43

ANNEXURE A TRUE COPY OF THE APPLICATION DATED 01.03.2021 AS CRL.M.P.NO.190/2021 IN S.C.NO.363/2020 OF THE SPECIAL COURT FOR SC/ST(POA)ACT AND NDPS ACT CASES, MANJERI.

¶44

ANNEXURE B TRUE COPY OF THE INVENTORY DATED 05.01.2020 PREPARED BY THE EXCISE INSPECTOR IN NDPS CRIME NO.1/2020.

¶45

ANNEXURE C TRUE COPY OF THE ORDER DATED 01.03.2021 PASSED BY THE SPECIAL COURT FOR SC/ST(POA)ACT AND NDPS ACT CASES, MANJERI IN CRL.M.P.NO.190/2021 IN S.C.NO.363/2020.

¶46

RESPONDENTS' ANNEXURE: NIL

¶47

//TRUE COPY//

¶48

PA TO JUDGE

Shafeeque, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shafeeque, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saravanakumar Vs the State of Kerala

Xxx Vs State of Kerala

Haneefa B. Vs the Circle Inspector

Muhammed Shan P.K., Vs State of Kerala

P.K.Construction Company Vs State of Kerala

Anwar Vs State of Kerala