Kerala High Court
Notices/Pws 2 & 3 vs State on 24 January, 2012
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934
Crl.Rev.Pet.No. 439 of 2012 (D)
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MC.NO.171/2012 IN S.C.NO.289/2009 of II nd ADDITIONAL SESSIONS COURT,ERNAKULAM
PETITIONER: NOTICES/PWS 2 & 3
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1. JIBIN
S/O.AYYAPPAN, PAZHAMKKALITHANDEL VEEDU,
KARUKUDAM KARA, KOTHAMANGALAM
2. HANITHA @ SARI,
D/O.CHANDRAN, AMMAPARAMBIL,
NELLIKUZHIKARA, ERAMALLUR VILLAGE.
BY ADV. SRI.ANIL K.MUHAMED
RESPONDENT:
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STATE,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
BY PUBLIC PROSECUTOR SRI.BIJU MEENATTOOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MJL
Crl.Rev.Pet.No. 439 of 2012 (D)
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE - A AND A1:- THE NOTICES ISSUED TO THE PETITIONERS DATED
24-1-2012
ANNEXURE - B & B1 :- THE SHOW CAUSE NOTICES SERVED ON THE
PETITIONERS IN PERSON, WHICH IS NOT SIGNED BY
ANYBODY.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P A TO JUDGE
MJL
S. Siri Jagan, J.
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Crl. R.P. No. 439 of 2012
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Dated this, the 20th day of September, 2012.
O R D E R
The petitioners were PWs 2 and 3 in S.C. No. 289/2009 before the Second Additional Sessions Judge, Ernakulam. After disposal of that sessions case, proceedings were initiated against the petitioners on the ground that they gave false evidence before the Sessions Judge in that sessions case. Annexures A and A1 notices have been issued to the petitioners directing them to show cause why the petitioners shall not be sentenced for giving false evidence in Sessions Case No. 289/2009. The petitioners are challenging the said notices.
2. According to the petitioners, the judgment of the Sessions Judge has been taken in appeal before this Court in Crl. A. No. 154/2012, which has been admitted and records of the lower court have been called for on 3.2.2012. Therefore, according to the petitioners, in view of Section 344(4) of the Criminal Procedure Code, the Sessions Judge was bound to stay further proceedings pursuant to Annexures A and A1 show cause notices issued to the petitioners. The petitioners allege in the Criminal R.P. that on 4.2.2012, the petitioners filed Crl. M.A. No. 452/2012 through their counsel before the Sessions Judge, seeking stay of further proceedings in view of the pendency of Crl. A. No. 154/2012 before this Court in accordance with Section 344(4) of the Criminal Procedure Code. But, no orders have been passed on the same. At the same time, proceedings pursuant to Annexures A and A1 notices are going on, is the Crl. R.P. No. 439 of 2012 -: 2 :- contention raised. The petitioners therefore seek setting aside of the proceedings initiated against the petitioners.
3. I have heard the learned Public Prosecutor also.
4. Section 344(4) of the Criminal Procedure Code reads as follows:
"344. Summary procedure for trial for giving false evidence.
(1) xx xx xx
(2) xx xx xx
(3) xx xx xx
(4) Where, after any action is initiated under sub-section
(1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision."
The petitioners submit that they have already moved Crl. M.P.No. 452/2012 before the Sessions Judge, who issued Annexures A and A1 notices seeking stay of further proceedings in accordance with Section 344(4). If that be so, the Sessions Judge was bound to pass orders on the same taking into account Section 344(4). Therefore, I am inclined to direct the Second Additional Sessions Judge, Ernakulam to consider and pass orders on Crl. M.P. No. 452/2012 taking into account Section 344(4) of the Criminal Crl. R.P. No. 439 of 2012 -: 3 :- Procedure Code. I do so. Until orders are passed on Crl. M.P. No. 452/2012, further proceedings pursuant to Annexures A and A1 notices shall be kept in abeyance.
The Criminal R.P. is disposed of as above.
Sd/- S. Siri Jagan, Judge.
Tds/ [True copy] P.S to Judge.