T.N. GOPI Vs. STATE

JUDGEMENT

(1.) The petition on hand is filed seeking to quash the common order passed by Additional Court of Sessions-VII, Thiruvananthapuram (for short 'the court below') on 17.02.2021 in CMP Nos.234/2021 and 299/2021. CMP No.234/2021 was filed by the counsel for the 3rd accused seeking to issue process to CW1 to CW3, CW10, CW13, CW14 and CW17, the prosecution witnesses. CMP No.299/2021 was filed later to incorporate the provision which enables the court to grant the relief sought which was omitted to be mentioned in CMP No.234/2021.

(2.) A Common Order was passed on 17.02.2021 by the court below in both applications, dismissing the same. It can be seen from the discussion in the impugned order that during the course of argument the counsel for the petitioner has submitted that CMP No.299/2021 was infact filed under Section 233 Cr.P.C. It was observed by the court below in the impugned order that in both applications the same set of facts were narrated by the petitioners.

(3.) Against the order dismissing the petitions that the petitioner has approached this Court seeking to quash the same. It is urged in CMP No.234/2021, process needs to be issued to some prosecution witnesses to appear and identify the persons found in the visuals drawn from the CCTV footages and produced before the court. The application was filed during the course of examination of witness No.5 of accused number three, who is none other than his wife, on 06.02.2021.