RAMESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, the second accused in S.C.No.1297 of 2020 on the file of the Assistant Sessions Judge, Punalur (Trial Court), arising from Crime No.83 of 2017 registered by the Pathanapuram Excise Range, Kollam, stands charge sheeted for committing the offence punishable under Sec. 55(g) of the Kerala Abkari Act. The prosecution evidence has been completed, and the case stands posted for questioning the accused under Sec. 351 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for brevity, 'BNSS'), corresponding to Sec. 313 of the Code of Criminal Procedure ('Cr. P.C'). The petitioner is currently employed abroad. He has been granted permanent exemption from personal appearance before the Trial Court. Owing to the petitioner's inability to obtain leave and travel to India at this juncture, his Counsel filed Annexure B application seeking permission to allow the counsel to answer the questions on behalf of the petitioner. By the impugned Annexure C order, the Trial Court dismissed the application on the ground that the application was unsupported by an affidavit and was contrary to the principles laid down by the Hon'ble Supreme Court in Keya Mukherjee v. Magma Leasing Limited and another [(2008) 8 SCC 447]. Annexure C order is illegal, improper, and irregular.

(2.) I heard Sri. K.V. Anil Kumar, the learned Counsel for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor.

(3.) The Trial Court has granted permanent exemption to the petitioner from appearing for the trial. The case has now reached the Sec. 351 BNSS questioning stage. It is at this point that the petitioner's Counsel sought permission to answer the questions on behalf of the petitioner.