Rajesh vs State Of Kerala

Citation : 2022 Latest Caselaw 7702 Ker
Judgement Date : 28 June, 2022

Kerala High Court
Rajesh vs State Of Kerala on 28 June, 2022
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

   TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944

                        OP(CRL.) NO. 515 OF 2021

    AGAINST THE ORDER/JUDGMENT IN CC 616/2013 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS -II, KOLLAM

PETITIONER/2ND ACCUSED:

             RAJESH
             AGED 37 YEARS
             S/O.GOPINATHAN, THENGIN THOPPIL VEEDU, PARAVOOR
             VILLAGE, KOONAYIL CHERIYIL, KOLLAM - 691 301.

             BY ADVS.
             E.ADITHYAN
             THEJAN RAJ



RESPONDENT/RESPONDENT/STATE AND COMPLAINANT:
    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, KOCHI - 682 031.

    2        THE SUB INSPECTOR OF POLICE
             SHAKTHIKULANGARA POLICE STATION, KOLLAM - 691 581.


             ADV MP PRASANTH,PP

     THIS    OP    (CRIMINAL)   HAVING     COME    UP   FOR    ADMISSION    ON
28.06.2022,       THE   COURT   ON   THE    SAME    DAY       DELIVERED    THE
FOLLOWING:
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O.P Crl. No.515 of 2021


                            JUDGMENT

The petitioner is the accused in C.C No. 616/2013 which is pending before the Judicial first Class Magistrate Court-II, Kollam. The prayer sought for by the petitioner in this Original Petition is for speedy trial of the aforesaid case. According to him, the said case is pending since 2013 and the delay in disposal of the case is causing prejudice to him.

2. When the matter came up for consideration, a report was called for from the learned Magistrate as to the time required for completing the proceedings. In response to the same, a report dated 15.06.2022 was submitted, wherein it was mentioned that, as of now more than 25,000 cases are pending in which, 9000 cases are more than five years old. In such circumstances, it is reported by the learned Magistrate that, every endeavour shall be made to dispose of the said case within a period of three months from 20.07.2022.

3. Considering the facts and circumstances of the case, I am of the view that, the Original Petition can be disposed of fixing the outer time limit as six months from 20.07.2022. 3 O.P Crl. No.515 of 2021 Accordingly this Original Petition is disposed of directing the learned Magistrate to complete the trial in C.C 616/2013 within a period of six months from 20.07.2022.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk 4 O.P Crl. No.515 of 2021 APPENDIX OF OP(CRL.) 515/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT DATED 20/05/2013 BEFORE THE JFMC-II, KOLLAM.

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O.P Crl. No.515 of 2021