Section 299 of Cr.P.C..Record of evidence in absence of accused.-
(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.
IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl MC No. 487 of 2008()
1. SRI. REJI, S/O. KALAPPURAKKAL SUDESAN, … Petitioner
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.C.GOPI
For Respondent : No Appearance
The Hon’ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.
Crl.M.C. No. 487 OF 2008
Dated this the 5th day of February, 2008 O R D E R
Petitioner who is the 3rd accused in Crime No.402 of 1994 of Irinjalakuda Police Station for offences punishable under Sections 143, 147, 148, 447, 323, 324 read with Section 149 IPC seeks to quash the proceedings in CC No.115 of 1998 pending before the Judicial First Class Magistrate Court, Irinjalakuda. Consequent on the abscondance of the petitioner in CC No.194 of 1995, the case against him was split up and re-filed as CC No.115 of 1998. Subsequently, the case was transferred to the long pending register where it was numbered as LPR 42 of 2001.
2. Admittedly, non bailable warrants of arrest are pending against the petitioner. The circumstances under which such warrants came to be issued are not discernible to this court. The petitioner has a contention that the first informant while giving evidence under Section 299 CrPC, before including the case in the long pending register, as per Annexure A1 deposition dt.18.05.2000 has deposed before the Magistrate that he does not know whether the petitioner herein was one among the assailants
Crl.MC No. 487 of 2008
and that he has no grievance against the petitioner herein. If that is so, the petitioner can very well seek a discharge by filing an appropriate petition before the learned Magistrate. If the petitioner files an application for a discharge within three weeks from today, the learned Magistrate shall consider the same without insisting on the personal appearance of the petitioner and shall pass appropriate orders taking into account the deposition of the first informant de facto complainant, while examined under Section 299 CrPC.
V. RAMKUMAR, JUDGE