Biju.K.K vs State Of Kerala

Citation : 2021 Latest Caselaw 549 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Biju.K.K vs State Of Kerala on 7 January, 2021
        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE V.G.ARUN

  THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA,
                           1942

                 OP(Crl.).No.396 OF 2020

    CC 718/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE
                   COURT, MUVATUPUZHA


PETITIONER/S:

           BIJU.K.K
           AGED 42 YEARS
           S/O.KRISHNAN, KUZHITHADATHIL HOUSE, SOUTH
           VAZHAKKULAM P.O., ALUVA, ERNAKULAM DISTRICT,
           PIN-683 105.

           BY ADV. SRI.K.S.PRAVEEN

RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM, KOCHI-682 031.


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(Crl) No.396 of 2020

                                    -2-



                                 JUDGMENT

Dated this the 07th day of January, 2021 The petitioner is the sole accused in Crime No.1475 of 2015 registered at the Muvattupuzha Police Station for offences punishable under Sections 279 and 304 (A) of IPC, now pending as C.C.No.718 of 2016 on the file of the Judicial First Class Magistrate Court, Muvattupuzha. The allegation of the prosecution is that, the accused, while working as driver in the KSRTC, had driven the bus in a rash and negligent manner and hit on a pedestrian and caused serious injuries to him. The crime was registered in the year 2015. The petitioner was relieved from KSRTC on 15.02.2019 and joined as driver at the Homeopathy Head Quarters, Thiruvananthapuram on 16.02.2019. Petitioner's probation in the present O.P.(Crl) No.396 of 2020 -3- is to be declared on 16.02.2021. Pendency of the criminal case would adversely affect his future prospects. The prayer in this original petition is for expeditious disposal of the case.

2. In the report called for by this Court, the learned Magistrate has stated that charge was read over on 09.08.2016 and the accused had pleaded guilty and the case was posted for evidence. CW5 and CW7 were examined as PW1 and PW2. The case is now posted for examination of CW1 and CW6. The learned Magistrate has reported that six months time will be required to dispose the case as there are thirteen more witnesses to be examined.

The Judicial First Class Magistrate-I, Muvattupuzha is directed to dispose of C.C.No.718 of 2016 within an outer limit of six months from the date of receipt of a copy of this judgment. O.P.(Crl) No.396 of 2020 -4- The original petition is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE Scl/07.01.2021 O.P.(Crl) No.396 of 2020 -5- APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FINAL REPORT IN CC NO.718/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA.