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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan
N.Prakash – Appellant
Versus
Jayaprakash.E.P., Son Of V.P.Padmanabhan Nair – Respondent
| Table of Content |
|---|
| 1. petitioner seeks inclusion of evidence. (Para 1 , 2) |
| 2. court allows for reviewing orders. (Para 3) |
| 3. court critiques lack of order copies. (Para 4) |
| 4. court orders issuing of order copies. (Para 5) |
JUDGMENT :
P.V.Kunhikrishnan, J.
These original petitions are filed by one and the same person, and the prayers are almost the same. Therefore, I am disposing of these original petitions by a common judgment.
2. The petitioner is the complainant in five different cases filed by him against Jayaprakash E.P. and Ashakumari R. The offence alleged in these complaints is under Section 356 of the Bharatiya Nyaya Sanhita, 2023. The pre-cognizance enquiry is going on in all these cases. The petitioner gave sworn statements in all these cases. The petitioner wants to adduce evidence by examining his own son. An application is filed to examine the son of the petitioner at the pre-cognizance stage, as evidenced by Ext.P2 applications in these cases. The grievance of the petitioner is that the above applications were dismissed, and the cases are now posted for final order on 07.10.2025. The petitioner applied for a copy of these orders. Ext.P3 is produced to show that the petitioner
Judicial fairness requires that parties be served with copies of orders to challenge them; proceeding without service undermines due process.
The court upheld that remedies against lower court orders should be sought through appeals rather than Original Petitions when final judgments are pending.
Petition seeking free copy of order dismissed as infructuous after delivery and appeal filing.
A party's right to a hearing must be ensured before passing adverse orders, necessitating reconsideration.
Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
A Magistrate must examine the complainants and witnesses before issuing notices to the accused under Section 223(1) of BNSS, 2023, ensuring compliance with procedural mandates.
The court highlighted the principle of ensuring fairness and transparency in the judicial process, directing that all parties must be properly informed of verdicts and orders.
The court allows the writ petition directing the authorities to expedite hearing of the appeal while keeping previous orders in abeyance.
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