Mohammed Asarudeen vs. Union Of India

1

ITEM NO.3 COURT NO.11 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6392/2023

(Arising out of impugned judgment and order dated 28-09-2022 in CRLA No. 381/2022 passed by the High Court of Judicature at Madras)

S. NIJAM ALI @ NIJAM & ANR. Petitioner(s)

VERSUS

UNION OF INDIA Respondent(s)

([List the matter at the end of the Board] IA No. 73771/2023 - EXEMPTION FROM FILING O.T.)

WITH SLP(Crl) No. 12077/2023 (IA No. 181976/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 181974/2023 - EXEMPTION FROM FILING O.T.)

Date : 03-10-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL

For Petitioner(s)

Mr. Siddharth Dave, Sr. Adv. Mr. D.kumanan, AOR Mrs. Deepa. S, Adv. Mr. Prashut Dalvi, Adv. Mr. Sheikh F Kalia, Adv. Mr. A.Nowfal Shereef K.A., Adv.

For Respondent(s)

Mr. K M Nataraj, A.S.G. Mr. Sharath Nambiar, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Navnjay Mahapatra, Adv. Mr. Rajesh K Singh, Adv. Mr. Pratyush Shrivastava, Adv. Mr. Arvind Kumar Sharma, AOR

UPON hearing the counsel the Court made the following O R D E R

The learned senior counsel appearing for the petitioners states that the petitioners have no objection if the evidence of all the protected witnesses is recorded by the Trial Court before recording the evidence of other prosecution witnesses.

We, therefore, direct the respondent to ensure that the evidence of all the protected witnesses is recorded at the earliest by procuring their presence.

To enable the prosecution to do so, we adjourn these petitions till 1st December, 2023.

We are sure that the Trial Court will give necessary priority to recording of evidence of all the protected witnesses who are stated to be 15 in number.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER