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Judgment
K.Babu, J
The prayers in this Original Petition (Criminal) filed under Article 227 of the Constitution of India are as follows:
“(i) To direct the 2nd respondent to stay the further proceedings in M.C No.5/2023 in C.C No.64/2011, pending disposal of Crl.Appeal No.1128/2023 on the file of this Hon'ble Court.
(ii) And to pass such other appropriate orders which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”
The petitioner was Defence Witness No.1 in C.C No.64/2011 on the file of the Court of the Enquiry Commissioner and Special Judge, Thrissur. The Court below convicted the accused for the offence under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and proceeded against the petitioner under Section 344 Cr.PC for having given false evidence during trial. The Special Court initiated proceedings against the petitioner by registering M.C No.5/2023.
The accused has challenged the judgment of conviction and sentence filing Crl.A No.1128/2023 before this Court. The Court admitted the Criminal Appeal.
The petitioner filed Ext.P5 application under Section 344 Cr.PC before the Trial Court seeking stay of the further proceedings in M.C No.5/2023 on the ground that the accused has preferred an appeal challenging the judgment of conviction.
As per sub-section (4) of Section 344 Cr.PC, where, any action is initiated under sub-section (1) and it is made to appear to the Court of Session or Magistrate that an appeal has been preferred against the judgement in which the opinion against the witness has been expressed the Court shall stay further proceedings of the trial until the disposal of the appeal, and thereupon further proceedings of the trial shall abide by the results of the appeal.
Therefore, the Special Court is directed to decide Ext.P5 in accordance with law within a period of one month from the date of production of a certified copy of this judgement. The petitioner is at liberty to challenge the opinion formed by the Special Court in the judgment of conviction in the manner known to law.
The Original Petition (Criminal) is disposed of as above.