BIPIN SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure-1 Common Order, dtd. 18/3/2022 in Crl.M.P.Nos.58/2022, 59/2022 and 60/2022 in S.C.No.24/2019 on the files of the Special Court for Trial of Offences under the Protection of Children from Sexual Offences Act, 2012 (for short, 'the PoCSO Act' hereinafter), Changanassery.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The learned counsel for the petitioner submitted that, Crl.M.P.Nos.58/2022, 59/2022 and 60/2022 in S.C.No.24/2019, were filed by the prosecution before the Special Court for Trial of Offences under the PoCSO Act, Changanassery, to re-open the evidence to examine the Chairperson, Child Welfare Committee (CWC) and it's member, as witnesses to admit a letter, alleged to be given by CWC, directing the Investigating Officer for registration of the present crime. Though the applications were opposed by the learned counsel for the accused, the learned Special Judge, after relying on a decision of the Hon'ble Supreme Court, allowed all three petitions. According to the learned counsel for the petitioner, going by the contents of the petitions, nothing stated to justify re-opening of evidence, summoning of additional witnesses and for production of additional documents. Therefore, the order, without considering the reasons for re-opening evidence, summoning additional witnesses and producing document, would not sustain in the eye of law. The learned counsel for the petitioner produced copies of the petitions, which do not contain even remote materials to justify grant of the reliefs sought for.