Aneesh.K.V vs State Of Kerala

Kerala High Court

Aneesh.K.V vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        OP(CRL.) NO. 396 OF 2024
        CRIME NO.1895/2020 OF MARAYAMUTTAM POLICE STATION,
                           Thiruvananthapuram
  CC NO.3395 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,
                               NEYYATTINKARA
PETITIONER/ ACCUSED :

            ANEESH.K.V
            AGED 42 YEARS, S/O.VENUGOPALAN.K,
            AVANTHIKA, PALIYOD, KOTTAKKAL.P.O.,
            THIRUVANANTHAPURAM, PIN - 695 124

            BY ADVS.
            SUMAN CHAKRAVARTHY
            K.R.RIJA
            BREJITHA UNNIKRISHNAN
            SUDEESH K.E.



RESPONDENT/ COMPLAINANT/ STATE :

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682 031



            SRI. NOUSHAD K. A., PUBLIC PROSECUTOR




     THIS    OP   (CRIMINAL)    HAVING      COME   UP   FOR   ADMISSION   ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 396 OF 2024
                                           2

                       BECHU KURIAN THOMAS, J.
                        =-=-=-=-=-=-=-=-=-=-=-=-=-=
                          O.P.(Crl.) No.396 of 2024
                        =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      Dated this the 21st day of May, 2024

                                     JUDGMENT

The limited relief sought for by the petitioner is for a direction to dispose of C.C.No.3395 of 2022 on the files of the Judicial First Class Magistrate's Court- III, Neyyattinkara expeditiously.

2. Sri.Suman Chakravarthy, the learned counsel for the petitioner contends that the prosecution had been initiated without a valid sanction as contemplated by Section 15 of the Passports Act, 1967.

3. Though prima facie, there seems to be some merit in the contentions advanced, I am of the view that since the Supreme Court has time and again observed that High Courts should not, in exercise of the powers under Articles 226 or 227 of the Constitution of India direct speedy disposal of cases pending before trial courts, I am of the view that the direction as sought for has to be declined. However, bearing in mind the contentions advanced, I am of the view that petitioner should be given the liberty to make a request to the trial court to consider granting an out of turn priority and dispose of the same without delay.

Accordingly, reserving the liberty of the petitioner to request the learned Magistrate to consider granting an out of turn priority for disposal of C.C.No.3395 of 2022, notwithstanding the disinclination of this Court to issue such a direction, this original petition is disposed of.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM OP(CRL.) NO. 396 OF 2024 3 APPENDIX OF OP(CRL.) 396/2024 PETITIONER'S EXHIBITS :

Exhibit - P1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1895/2020 OF MARAYAMUTTAM POLICE STATION, THIRUVANANTHAPURAM