Ramakrishnan vs State Of Kerala

Citation : 2021 Latest Caselaw 92 Ker
Judgement Date : 4 January, 2021

Kerala High Court
Ramakrishnan vs State Of Kerala on 4 January, 2021
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 04TH DAY OF JANUARY 2021/14TH POUSHA, 1942

                       Crl.MC.No.3725 OF 2013

 AGAINST THE JUDGMENT IN CC 366/2006 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -II, KANNUR


PETITIONER:

              RAMAKRISHNAN
              AGED 64 YEARS
              S/O.SANKARAN, NANDHANAM HOUSE, MAIN ROAD,
              MUZHAPULANGAD, KANNUR.

              BY ADV. SRI.K.S.RAJEEV (ALUVA)

RESPONDENT:

              STATE OF KERALA
              THROUGH SUB INSPECTOR OF POLICE, EDAKKADU
              REPRESENTED BY POLICE STATION BY G.P. HIGH COURT OF
              KERALA AT ERNAKULAM.




              SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                      V.G.ARUN, J.

               ===========================
                     Crl.M.C. No.3725 of 2013
               ===========================
                 Dated this the 4th day of January, 2021

                                    ORDER

Considering the fact that the Crl.M.C is of the year 2013, pertaining to Calender case of the year 2006, a report was called for from the jurisdictional Magistrate Court. As per the report, out of the 7 accused persons, A1 and A2 are facing trial now. A3 is no more and A4 to A7 are absconding. It is reported that prosecution has cited 8 witnesses, of whom Cws 1 to 7 were examined as PW1 to PW7. The only remaining witness, that is CW8, is a police officer who has failed to appear, in spite of summons being repeated and even after issuance of non bailable warrant. This court is often coming across instances where trial of criminal cases are being delayed endlessly due to the deliberate absence of Investigating Officers. This is an issue which should engage the attention of the Director General of Prosecution. Such officers are ridiculing the justice delivery system and should therefore be brought to book.

In view of the fact that only one more witness is to be examined, the Judicial Magistrate of First Class-II, Kannur is directed to take earnest efforts to dispose C.C.No.366 of 2006 within an outer limit of three months from the date of receipt of a copy of this order.

Sd/-

V.G.ARUN JUDGE lgk APPENDIX PETITIONER'S ANNEXURES:-

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.87/2005 OF KANNUR TOWN POLICE STATION ANNEXURE A2 TRUE COPY OF TRANSFER ORDER IN CRIMINAL MP NO.3604/2006 OF SESSIONS COURT, THALASSERY.