O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Subordinate Judge/Assistant Sessions Judge, Vedasandur to dispense with the petitioner's evidence in S.C.No. 2/2017 and consequently, recall the warrant without the petitioner's presence.

2.The learned counsel for the petitioner would submit that the petitioner is L.W.17 in S.C.No.2 of 2017 and he was one of the Investigating Officers in this case. The said case in Crime No.112 of 2014 was registered in respect of an occurrence, dated 13.07.2014, wherein, the accused group attacked the de-facto complainant during a dispute in a temple car chariot festival. The role of the petitioner in the investigation of this case is to an limited extent that he has examined some of the witnesses and arrested the accused Nos.4, 5, 12, 13 and 14 and obtained their confession statements and prepared the athachi and mahazar. Subsequently, the investigation has been conducted by yet another Investigating Officer namely, Mohankumar, who is the Deputy Superintendent of Police, Vedasandur Sub Division and that he has filed the final report. The petitioner got promoted as Deputy Superintendent of Police during the year 2010 and while he was in service on 19.06.2016, he suddenly fell ill and he was diagnosed to be suffering with the following ailments; namely, Acute neuro vascular syndrome, acute hemorrhagic stroke, right Parieto Occipital Hemorrhage-Lobar Hemorrhage, Hypertension Related, Diabetes Mellitus, Hypertension, Symptomatic Seizures, Sepsis and also Acute kidney injury. The petitioner's condition has become worse and that he is unable to appear before the Court for giving evidence. Further, very recently, the petitioner was also diagnosed with Parkinson's disease, a disorder of the central nervous system that affects movements, often including tremors and it is due to dysfunction of brain cells, which result in the levels of dopamine to decrease and also suffereing tremor, difficulty in muscular movement and the petitioner was recenly admitted to Apollo Hospitals and the Doctors have advised him to avoid long distance and frequent travel presently to avoid stress.

4.The learned counsel would further submit that the trial Judge had issued witness summons for the appearance of the petitioner on 11.07.2019 and due to his acute illness, the petitioner was unable to appear before the Court, whereas, the trial Court had without taking into consideration the ill health of the petitioner and the requirement and necessity of examining him had issued a witness warrant to him for his appearance.

5.The learned counsel would further submit that the health condition of the petitioner is very worse and it will not be possible for him to give evidence before the Court and thereby his examination can be dispensed with. Further, the subsequent investigation has been done by one Mr.Mohankumar, Deputy Superintendent of Police, Vedasandur Sub Division, who has filed the final report and he is available to give evidence and he is L.W.18 and the relevant documents relating to the investigation done by the petitioner can be marked through him. However, the learned Trial Judge, without taking into consideration the health condition and the inability of the petitioner to depose had issued a witness warrant.

6.The learned Additional Public Prosecutor would submit that the petitioner is affected by severe ailments and he has also been recenly affected with Parkinson's disease and that it will not be possible for the prosecution to examine him as a witnesses. LW-18, the subsequent officer will be able to depose about the investigation carried on by the petitioner and he will be able to identify the relevant documents/records and speak about the part of investigation done by the petitioner.

7.In view of the same, the learned Trial Judge is directed to dispense with the petitioner's evidence and to mark the relevant documents through the subsequent Investigating Officer, who has c