JUDGMENT :

Jayachandran, J.

We, in these appeals, are called upon to answer an intriguing question on the interpretation of Section 299 of the Code of Criminal Procedure, 1973.

2. Facts:-

These Criminal Appeals stem from the impugned order passed in the infamous crime against Prof.T.J.Joseph, who was brutally attacked and right hand chopped off, alleging blasphemy in setting up a question paper for college examinations. The order impugned was passed in Criminal M.P.No.75/2021 (in S.C.No.1/2015), an application under Section 299 of the Code of Criminal Procedure (‘Code’ for short) seeking issuance of necessary orders to take the sworn in statement of PW1 (Smt.Salomi, wife of the victim) in S.C.No.1/2013 as evidence against 11 accused persons in the ongoing trial in S.C.No.1/2015 before the Special Court for trial of NIA Cases.

3. The case was registered as Crime No.704/2010 and investigated by Kerala Police at the first instance. The Police filed final report on 14.1.2011 arraigning 27 persons as accused and 27 others as suspects, who were not charge-sheeted. The investigation was thereafter taken over by the National Investigation Agency (hereinafter referred to as ‘N.I.A.’ for short) a