Disposed

V.P. Yesudas v. State of Kerala

Kerala HC21 Mar 2024OP(Crl.)/208/2024

Case brief

AI extract

What is this about?

This original criminal petition filed under Article 227 prayed for a stay of proceedings initiated against a defence witness under Section 344 Cr.PC. The High Court directed the Special Court to decide the applicant's application within one month, citing statutory stay orders upon appeal.

What did the court decide?

The Special Court is directed to decide M.C No. 5/2023 within one month of this judgment.

V.P. Yesudas Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K. BABU

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THURSDAY, THE 21^ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946

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OP(CRL.) NO. 208 OF 2024

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AGAINST THE JUDGMENT DATED IN CC NO.64 OF 2011 OF ENQUIRY COMMISSIONER& SPECIAL JUDGE,THRISSUR

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PETITIONER/RESPONDENT/DW1:

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V.P. YESUDAS, AGED 50 YEARS, S/O. PORINCHU, VADAKKAN HOUSE, PARLIKAD P.O., WADAKKANCHERY, THRISSUR, PIN - 680623

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BY ADV SHABU SREEDHARAN

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RESPONDENTS/STATE & PETITIONER/STATE & NOT A PARTY:

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1 STATE OF KERALA, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, VACB, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE ENQUIRY COMMISSIONER & SPECIAL JUDGE'S COURT, THRISSUR, PALACE ROAD, CHEMBUKKAVU, THRISSUR, PIN – 680020

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BY ADV SMT.REKHA, SR.PUBLIC PROSECUTOR SRI.RAJESH.A, SPECIAL G.P (VIGILANCE)

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(Crl).No.208 of 2024

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K.BABU, J .

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O.P(Crl).No.208 of 2024

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Dated this the 21^st day of March, 2024

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JUDGMENT

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The prayers in this Original Petition (Criminal) filed under Article

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227 of the Constitution of India are as follows:

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“(i) To direct the 2^nd respondent to stay the further proceedings in M.C No.5/2023 in C.C No.64/2011, pending disposal of Crl.Appeal No.1128/2023 on the file of this Hon'ble Court.

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(ii) And to pass such other appropriate orders which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”

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The petitioner was Defence Witness No.1 in C.C No.64/2011 on

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the file of the Court of the Enquiry Commissioner and Special Judge,

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Thrissur. The Court below convicted the accused for the offence under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and proceeded against the petitioner under Section 344 Cr.PC for having given false evidence during trial. The Special Court initiated proceedings against the petitioner by registering M.C No.5/2023.

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The accused has challenged the judgment of conviction and

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sentence filing Crl.A No.1128/2023 before this Court. The Court admitted the Criminal Appeal.

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O.P(Crl).No.208 of 2024

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The petitioner filed Ext.P5 application under Section 344 Cr.PC before the Trial Court seeking stay of the further proceedings in M.C No.5/2023 on the ground that the accused has preferred an appeal challenging the judgment of conviction.

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As per sub-section (4) of Section 344 Cr.PC, where, any action is initiated under sub-section (1) and it is made to appear to the Court of Session or Magistrate that an appeal has been preferred against the judgement in which the opinion against the witness has been expressed the Court shall stay further proceedings of the trial until the disposal of the appeal, and thereupon further proceedings of the trial shall abide by the results of the appeal.

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Therefore, the Special Court is directed to decide Ext.P5 in accordance with law within a period of one month from the date of production of a certified copy of this judgement. The petitioner is at liberty to challenge the opinion formed by the Special Court in the judgment of conviction in the manner known to law.

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The Original Petition (Criminal) is disposed of as above.

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K.BABU, JUDGE

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KAS

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O.P(Crl).No.208 of 2024

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APPENDIX OF OP(CRL.) 208/2024

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PETITIONER EXHIBITS
EXHIBIT-P1 THE HON' A NO	TRU BLE C . 112	E COPY OURT I 8/2023	OF THE ORDER OF THIS N CRL MA NO. 1/2023 IN CRL DATED 25.7.2023
EXHIBIT-P2 THE THE	TRUE PETIT	COPY IONER	OF THE SUMMONS ISSUED TO DATED 8.3.2023
EXHIBIT-P3 THE PETI NO.	TRUE TIONE 64/20	COPY R WHO 11 ON	OF THE DEPOSITION OF THE GOT EXAMINED AS DW1 IN CC 28.3.2023
EXHIBIT-P4 THE 2ND 5.8.	TRUE RESP 2023	COPY O ONDENT	F THE NOTICE ISSUED BY THE TO THE PETITIONER DATED
EXHIBIT-P5 THE	TRUE	COPY O	F THE CRL MP NO. 279/ 2024
IN THER	MC EIN	NO. 5 FILED	/2023 WITH THE ANNEXURE BY THE PETITIONER BEFORE
THE JUDG	ENQ E'S C	UIRY OURT,	COMMISSIONER & SPECIAL THRISSUR
EXHIBIT-P6 THE	TRUE	COPY	OF THE JUDGMENT IN CC NO.
64/2	011	DATED	21.7.2023 PASSED BY THE
ENQU COUR	IRY T, TH	COMMIS RISSUR	SIONER & SPECIAL JUDGE'S

V.P. Yesudas v. State of Kerala

Case brief

What is this about?

What did the court decide?

V.P. Yesudas v. State of Kerala

Case brief

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