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Supreme Court - Daily Orders

The State Of Kerala vs K.M. Shaji on 26 November, 2024

Author: Abhay S. Oka

Bench: Abhay S. Oka

     ITEM NO.6                          COURT NO.5                 SECTION II-B

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)              No(s).    8039/2023

     [Arising out of impugned final judgment and order dated 13-04-2023
     in CRLMC No. 4861/2022 passed by the High Court of Kerala at
     Ernakulam]

     STATE OF KERALA & ANR.                                          Petitioner(s)

                                                VERSUS

     K.M. SHAJI                                                      Respondent(s)

     ([TO BE TAKEN UP AT THE TOP OF THE CAUSE
     LIST ] ..................... FOR ADMISSION and I.R. and IA
     No.125604/2023-EXEMPTION FROM FILING O.T.)

     WITH SLP(C) No. 28324/2023
     (IA No.254627/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)


     Date : 26-11-2024 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ABHAY S. OKA
                         HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH


     For Petitioner(s)
                                   Mr. Neeraj Kishan Kaul, Sr. Adv.
                                   Mr. Harshad V. Hameed, AOR
                                   Mr. Dileep Poolakkot, Adv.
                                   Mrs. Ashly Harshad, Adv.
                                   Mr. Toshiv Goyal, Adv.
                                   Mr. Ritwik Mohapatra, Adv.
                                   Mr. Varun Tyagi, Adv.

                                   Mr. S.V. Raju, A.S.G.
                                   Mr. Mukesh Kumar Maroria, AOR
                                   Mr. Annam Venkatesh, Adv.
                                   Mr. Zoheb Hussain, Adv.
                                   Mr. Arkaj Kumar, Adv.
                                   Mr. Chander Prakash, Adv.
Signature Not Verified
                                   Mr. Arvind Kumar Sharma, AOR
Digitally signed by
ANITA MALHOTRA
Date: 2024.11.28
20:11:08 IST
Reason:




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For Respondent(s)
                        Mr. Nikhil Goel, Sr. Adv.
                        Mr. Haris Beeran, Adv.
                        Mr. Azhar Assees, Adv.
                        Mr. Anand B. Menon, Adv.
                        Mr. Radha Shyam Jena, AOR
                        Mr. S.M. Bafaki, Adv.

            UPON hearing the counsel the Court made the following
                               O R D E R

SLP(Criminal)No.8039 of 2023 Heard the learned senior counsel appearing for the petitioners.

We have carefully perused the statements of more than 50 witnesses recorded by the prosecution. Even the learned Single Judge of the High Court has meticulously looked into these statements and has recorded a finding in paragraph 11 of the impugned judgment. We concur with the view taken by the learned Single Judge of the High Court. Hence, no case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed.

Pending application also stands disposed of. SLP(C) No. 28324/2023 In view of the order passed above in SLP(Criminal)No.8039 of 2023, no interference is called for. The Special Leave Petition is accordingly dismissed.

Pending application also stands disposed of.

    (ANITA MALHOTRA)                                     (AVGV RAMU)
       AR-CUM-PS                                        COURT MASTER

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