ANIL K.EMMANUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition has been filed by a stranger to the proceedings challenging Ext.P17 order passed by the Judicial First Class Magistrate Court-I, Nedumangad (for short, 'the trial court') dismissing a petition filed by the Assistant Public Prosecutor under Sec. 239 (1) of BNSS (Sec. 216 of the Cr.P.C), seeking addition of a charge.

(2.) The 3rd and 4th respondents herein face trial before the trial court in C.C.No. 811 of 2014 for the offences punishable under Ss. 120B, 420, 201, 193, 217 r/w Sec. 34 of the IPC.

(3.) The 3rd respondent/1st accused was working as property Sec. clerk (Thondy Sec. clerk) in the Judicial Second Class Magistrate Court-II, Thiruvananthapuram, during the period of the alleged incident. The prosecution case, in short, is that the 1st accused entered into criminal conspiracy with the 2nd accused, who was the advocate for the accused in S.C.No.147 of 1990 before the Sessions Court, Thiruvananthapuram, pursuant to the said conspiracy, the 1st accused dishonestly delivered to the 2nd accused a material object (an underwear) involved in the said Sessions Case which was in his custody on 9/8/1990, the 2nd accused received the same after endorsing its receipt in the Thondy Register, took the object outside the Court, altered it and resubmitted on 5/12/1990. Thereafter, the 1st accused received it back and forwarded it to the Sessions Court as though it was the original one. It was alleged that the above-mentioned act was done to secure an acquittal for the accused in S.C.No.147 of 1990