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Supreme Court - Daily Orders

T.K. Sajeevan vs The State Of Kerala on 19 May, 2020

Bench: Uday Umesh Lalit, Mohan M. Shantanagoudar, Vineet Saran

                                                             1




     ITEM NO.20                          Virtual Court 1                      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).    2073/2020

     (Arising out of impugned final judgment and order dated 27-02-2020
     in CRLMC No. 803/2020 passed by the High Court Of Kerala At
     Ernakulam)

     T.K. SAJEEVAN & ANR.                                                         Petitioner(s)

                                                           VERSUS

     THE STATE OF KERALA                                                          Respondent(s)

     (FOR ADMISSION and I.R. )

     Date : 19-05-2020 This petition was called on for hearing today.

     CORAM :
                                HON'BLE MR. JUSTICE UDAY UMESH LALIT
                                HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                                HON'BLE MR. JUSTICE VINEET SARAN


     For Petitioner(s)                      Mr. Harin P. Raval, Sr. Adv.
                                            Mr. Mohammed Sadique T.A., AOR
                                            Mr. N.K.Unnikrishnan, Adv.

     For Respondent(s)
                                               Mr. T. Harish Kumar, AOR


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

Mr. Harin P. Raval, learned Senior Advocate submitted that 16 witnesses have already been examined. Two more witnesses i.e. PWs 17 & 18 have also been examined by the prosecution but their Signature Not Verified Digitally signed by examination-in-cross is yet to be undertaken. INDU MARWAH Date: 2020.05.21

At this juncture, an 17:48:08 IST Reason:

application has been filed by the prosecution under Section 91 Cr.P.C. seeking liberty of the Court to have certain documents 2 produced on record. Mr. Raval submitted that the prosecution’s attempt is likely to cause prejudice to the accused. This issue was gone into by the High Court which found that the inconvenience so caused to the petitioners can certainly be taken care of. We may clarify that in case after production of documents, the petitioners wish to recall any of the witnesses examined earlier for further cross examination, an appropriate application in that behalf can always be filed by the petitioners. As and when such application is filed, the same shall be considered by the concerned Court purely on merits. Our attention is invited to the earlier order passed by this Court directing the Trial Court to conclude the proceedings within time bound period. Since the period has expired, we direct the Trial Court to conclude the proceedings as early as possible and preferably within four months from the receipt of this order. With these observations, the SLP is disposed of .
(INDU MARWAH)                                    (PRADEEP KUMAR)
COURT MASTER (SH)                                 BRANCH OFFICER