Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SURESH KUMAR – Appellant
Versus
SANTHOSH – Respondent
| Table of Content |
|---|
| 1. overview of the petition and the original order being challenged. (Para 1 , 2) |
| 2. details concerning the examination of cw1 and related legal arguments. (Para 3 , 5) |
| 3. application of relevant rules regarding witness competency and video linkage. (Para 6 , 7 , 8 , 9) |
| 4. final ruling and reasoning leading to the dismissal of the petition. (Para 10) |
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
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
