SHAJI @ KAMBEN SHAJI Vs. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) Petitioner is the 9th accused in C.C No.1238 of 2009 on the file of the Judicial First Class Magistrate Court - 4, Kozhikode, which has been refiled as C.C No.923 of 2016. Petitioner along with other accused in the case have been tried by the Magistrate. Evidence have been recorded in the presence of the petitioner and at the time of Section 313 Cr.P.C , 1973examination, he could not appear before the court due to various ailments.

(2.) Learned counsel for the petitioner submitted that he is having various ailments as revealed from Annexures A5 and A6 medical certificates. It can be seen from the medical records that he is having right lower motor neuron facial palsy, uncontrolled Type II diabetes mellitus with neuropathy, systemic hypertention, chronic obstructive pulmonary disease and, chronic liver disease. That apart, his eye sight is badly affected damaging his vision. In this medical condition, he could not participate in the trial under Section 313 Cr.P.C , 1973examination, is the submission.

(3.) The petitioner now seeks for quashment of final report for the said reasons.