Kerala High Court
V.P. Yesudas vs State Of Kerala on 21 March, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946
OP(CRL.) NO. 208 OF 2024
AGAINST THE JUDGMENT DATED IN CC NO.64 OF 2011 OF ENQUIRY
COMMISSIONER& SPECIAL JUDGE,THRISSUR
PETITIONER/RESPONDENT/DW1:
V.P. YESUDAS,
AGED 50 YEARS,
S/O. PORINCHU, VADAKKAN HOUSE, PARLIKAD P.O.,
WADAKKANCHERY, THRISSUR, PIN - 680623
BY ADV SHABU SREEDHARAN
RESPONDENTS/STATE & PETITIONER/STATE & NOT A PARTY:
1 STATE OF KERALA,
REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR,
VACB, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE ENQUIRY COMMISSIONER & SPECIAL JUDGE'S
COURT, THRISSUR,
PALACE ROAD, CHEMBUKKAVU,
THRISSUR, PIN - 680020
BY ADV
SMT.REKHA, SR.PUBLIC PROSECUTOR
SRI.RAJESH.A, SPECIAL G.P (VIGILANCE)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(Crl).No.208 of 2024
2
K.BABU, J.
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O.P(Crl).No.208 of 2024
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Dated this the 21st day of March, 2024
JUDGMENT
The prayers in this Original Petition (Criminal) filed under Article 227 of the Constitution of India are as follows:
"(i) To direct the 2nd 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.
(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."
2. The petitioner was Defence Witness No.1 in C.C No.64/2011 on the file of the Court of the Enquiry Commissioner and Special Judge, 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.
3. The accused has challenged the judgment of conviction and sentence filing Crl.A No.1128/2023 before this Court. The Court admitted the Criminal Appeal.
O.P(Crl).No.208 of 20243
4. 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.
5. 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.
6. 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.
The Original Petition (Criminal) is disposed of as above.
Sd/-
K.BABU, JUDGE KAS O.P(Crl).No.208 of 2024 4 APPENDIX OF OP(CRL.) 208/2024 PETITIONER EXHIBITS EXHIBIT-P1 THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL MA NO. 1/2023 IN CRL A NO. 1128/2023 DATED 25.7.2023 EXHIBIT-P2 THE TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER DATED 8.3.2023 EXHIBIT-P3 THE TRUE COPY OF THE DEPOSITION OF THE PETITIONER WHO GOT EXAMINED AS DW1 IN CC NO. 64/2011 ON 28.3.2023 EXHIBIT-P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 5.8.2023 EXHIBIT-P5 THE TRUE COPY OF THE CRL MP NO. 279/ 2024 IN MC NO. 5/2023 WITH THE ANNEXURE THEREIN FILED BY THE PETITIONER BEFORE THE ENQUIRY COMMISSIONER & SPECIAL JUDGE'S COURT, THRISSUR EXHIBIT-P6 THE TRUE COPY OF THE JUDGMENT IN CC NO.
64/2011 DATED 21.7.2023 PASSED BY THE ENQUIRY COMMISSIONER & SPECIAL JUDGE'S COURT, THRISSUR