Compliance with procedural rules is essential for a fair trial; document provision must precede witness cross-examination.

C.S.DIAS, J.

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Crl.M.C. No. 462 of 2026 --------------------------------------------

Dated this the 16^th day of January, 2026 ORDER The petitioners are the accused in SC No.662/2022 on the file of the Additional Sessions Court-I, Palakkad (Trial Court), which has originated from Crime No.1989/2021 registered by the Town South Police Station, Palakkad. 2. The petitioners have stated in the Criminal Miscellaneous Case (Crl.M.C.) that, the learned Sessions Judge had insisted the petitioners’ counsel to cross-examine PW1 without complying with Rule 19(4) of the Criminal Rules of Practice Kerala, 1982. Immediately, the petitioners filed WP(Crl) No.749/2025 before this Court, which was disposed off, by directing the Trial Court to consider the application filed by the petitioners within three days. Subsequently, the Special Public Prosecutor filed a memo stating that Rule 19(4) of the Criminal Rules of Practice have been complied with. Nevertheless, on verifying the documents, the petitioners found that the Rule has not been complied with. The case now stands posted for cross-examination of PW1 on 19.01.2026. Only one witness has been summoned on the said date. In the said background, the petitioners have filed Annexure A2 petition before the Trial Court on 14.01.2026, for a direction to the respondent to supply the documents to the petitioners. Notwithstanding the pendency of the petition, the Trial Court is insisting the petitioners to cross-examine PW1, without furnishing all the documents. The petitioners will not be in a position to cross-examine PW1, unless the documents are furnished. Hence, the Trial Court may be directed to consider and dispose off Annexure A2 petition before proceeding with the trial of PW1.

3. Heard; the learned Counsel for the petitioner and the learned Public Prosecutor.

4. Taking into consideration the fact that Annexure A2 petition is pending consideration before the Trial Court, I am of the view that the Trial Court is to be directed to consider and pass orders on Annexure A2 petition, before proceeding with the cross-examination of PW1.

Accordingly, I dispose the Crl.M.C. by directing the Trial Court to dispose of Annexure A2 petition in accordance with law and as expeditiously as possible on or before 19.01.2026. If the Trial Court finds that all the documents have been furnished to the petitioners, the Trial Court would be at liberty to direct the petitioners to cross-examine PW1. On the contrary, if it is found that any document is missing, the Trial Court shall defer cross-examination of PW1, until such time the missing documents are furnished to the petitioners.

The Registry is directed to forthwith communicate a copy of this order to the Trial Court.

sd/-