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Judgment
S. Manikumar, C. J.
When the 1st respondent / accused sought for early disposal of a complaint, writ court by the order dated 07.07.2021 in W. P. (C) No. 15620 of 2020, has granted extension of three months from 21.06.2021, to dispose of the matter.
While doing so, writ court permitted the accused / 1st respondent, to produce few documents before the learned Enquiry Commissioner and Special Judge, Muvattupuzha.
Being aggrieved by the direction, permitting production of certain documents, instant writ appeal is filed on the grounds inter alia that the direction to permit production of documents by the accused, even before the court taking cognizance, is contrary to the provisions of the Code of Criminal Procedure, 1973.
On this day, when the matter came up for hearing, Ms. Arya Reghunath, learned counsel for the 1st respondent, submitted that the matter has been heard and posted today, for orders.
However, posed with a question as to whether the respondent had produced any document before the learned Enquiry Commissioner and Special Judge, Mr. T. U. Ziyad, learned counsel for the appellant, submitted that the writ petitioner tendered some documents, but the same was objected to by the appellant.
At the time of hearing, the learned Enquiry Commissioner and Special Judge did not accept the same, however, he is not sure as to whether the documents would be considered at the time of passing final orders, as to taking of cognizance of the private complaint.
Learned counsel for the appellant further submitted that pendency of the instant writ appeal was also brought to the notice of the learned Enquiry Commissioner and Special Judge.
As the matter is posted for orders today, we are not expressing any opinion on the merits of this case, however, hope that the learned Enquiry Commissioner and Special Judge, considers the statutory provisions as regards how cognizance of a complaint has to be taken under the Code of Criminal Procedure, 1973.
Suffice to observe that unless and until cognizance is taken under the Code of Criminal Procedure, 1973, presence of an accused is not required to adduce any evidence. Appellant is permitted to bring it to the notice of the learned Enquiry Commissioner and Special Judge.
Registry is directed to issue copy, today itself.
Post on 23.09.2021.