JUDGMENT

The Prayers in this Original Petition filed under Article 227 of the Constitution of India are as follows:-

“i) Set aside Ext.P3 order passed by the Hon’ble Magistrate Court – II, Haripad, in the interest of justice.

ii) Direct the trial court to conduct an enquiry as regarding the competency of CW1 to attend the court and give evidence.

iii) dispense with the translation of documents produced in the Vernacula Language.

iv) Issue such other order or direction which this Hon’ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.”

2. The challenge in this Original Petition is to the order dated 05.12.2025 in CMP No.1735/2025 in C.C.No.159/2021 on the file of the Judicial First Class Magistrate Court – II, Haripad. The petitioner is the Charge Witness No.4 in C.C.No.159/2021.

3. The Trial Court ordered the examination of CW1, an aged lady, through video conferencing, as she was reported to be laid up 4. The prosecution case is that the accused in this case dishonestly induced CW1 to execute a Sale Deed with respect to her property without paying sale consideration and committed cheating and criminal breach of trust. The petition