VINOD G. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The order passed by Judicial First Class Magistrate Court, Kochi ( for short 'the court below') on 20. 11.2021 in C.M.P. No.36/2021 is assailed in the petition on hand. The order reads :

(2.) By the order above, the court below has dismissed an application filed by the petitioner seeking for appointment of a Commission for examination of witness No.2 in the witnesses list dtd. 16/3/2021 under Ss. 284(1) and 285(1) of the Code of Criminal Procedure, 1973 (for short 'the Code') for the reason that it is devoid of jurisdiction under the Code to appoint a commission. The court below has also directed the petitioner by the impugned order to approach the authorities concerned as per the Rules for appointing the Commission under the provisions of the Code for examination of a witness. The relevant provisions dealing with the appointment of a Commission for examination of a witness and the procedure to be followed on such appointment being made are contained in Ss. 284 to 286 of the Code. The relevant provisions are extracted hereunder to have a clear idea about it.

(3.) Under Sec. 284 (1) if it appears to a Court or Magistrate during the course of any inquiry, trial or other proceedings under the Code, that examination of a witness is necessary for meeting the ends of justice, and also that the attendance of such a witness cannot be procured without an unreasonable amount of delay, expense or inconvenience, the Court or Magistrate may dispense with such attendance and may issue a Commission for the examination. Therefore, a Court or Magistrate is empowered to issue a Commission for examination of a witness on being convinced that the witness for examination could be brought before it only with some unreasonable delay, expense or inconvenience. The proviso to Sec. 284 of the Code speaks about the issuance of a Commission for examination of the President or Vice President of India or the Governor of a State or the Administrator of a Union territory on the court being convinced that their oral evidence is essential to meet the ends of justice.