Harilal E.K vs State Of Kerala
2021 Latest Caselaw 16716 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         OP(CRL.) NO. 230 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 414/2019 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS ,KUNNAMANGALAM, KOZHIKODE
PETITIONER/S:

           HARILAL E.K.
           AGED 26 YEARS
           S/O.HARIDASAN E.K., ERANHOLKUZHIL HOUSE,
           PAINGOTTUPURAM P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT.

           BY ADVS.
           P.JAYARAM
           GIGI PAPPACHAN
           SARATH CHANDRAN K.B.



RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM - 682031.


OTHER PRESENT:

           SRI.T.R.RENJITIH-SR PP




     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.) No. 230 of 2021

                                    2




                               JUDGMENT

Dated this the 11th of August 2021

The petitioner is the 3rd accused in C.C.No.414/2019 on

the files of the Judicial First Class Magistrate Court,

Kunnamangalam for having allegedly committed the offences

punishable under Sections 143, 144, 145, 147, 342, 323,

324, 353 and 452 read with Section 149 of the I.P.C. and

under Section 3(2)(e) of the Prevention of Damage to Public

Property Act, 1984.

2. The petitioner states that he has got an appointment

order to join the Central Reserve Police Force (CRPF), but

because of the pendency of this case, it was cancelled. He

intends to apply for the post again, and therefore, seeks

expeditious disposal of the case.

3. A report was called for from the jurisdictional

Magistrate and the learned Magistrate has submitted that

the case is relatively a new one and there are 24 witnesses

to be examined. Considering the present pandemic situation O.P.(Crl.) No. 230 of 2021

and the restrictions and the difficulty in securing the

presence of witnesses, he has asked for one year time to

complete the proceedings.

4. Considering the fact that the petitioner, who

belongs to the Scheduled Caste community, is looking to get

employment in the CRPF, he seeks expeditious disposal of

the case.

5. Considering the facts and circumstances of this

case, the Judicial First Class Magistrate Court,

Kunnamangalam is directed to dispose of C.C.No.414/2019 as

expeditiously as possible, at any rate, within a period of

six months from the date of receipt of a copy of this

Judgment. With these observations, the Original Petition is

disposed of.

Sd/-

ASHOK MENON JUDGE dkr O.P.(Crl.) No. 230 of 2021

APPENDIX OF OP(CRL.) 230/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.R.II-13/2021-EC-

B(SSC) DATED 13/05/2021 ISSUED BY THE 1ST RESPONDENT CANCELLING THE OFFER OF APPOINTMENT OF THE PETITIONER TO CENTRAL RESERVE POLICE FORCE.

Exhibit P2 TRUE COPY OF THE OFFER OF APPOINTMENT NO.R.II-

13/2021-EC-V(SSC) DATED 15/02/2021 ISSUED BY THE 1ST RESPONDENT RECRUITING THE PETITIONER TO CENTRAL RESERVE POLICE FORCE AS A CONSTABLE (GD).

Exhibit P3 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.657/2018 OF KUNNAMANGALAM POLICE STATION.

Exhibit P4 TRUE COPY OF THE FINAL REPORT FILED BY THE POLICE IN CRIME NO.657/2018 BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM.