Kerala High Court
Gopakumar vs State Of Kerala on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
OP(Crl.).No.6 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 250/2019 OF ADDITIONAL
S.C.-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA
CRIME NO.827/2013 OF Vellarada Police Station ,
Thiruvananthapuram
PETITIONER/S:
GOPAKUMAR
AGED 32 YEARS
S/O.NARAYANAN NAIR,SARASWATI MANDIRAM,
ELLUVILA,KALLARA,AANAVOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.SHAJIN S.HAMEED
SHRI.MELWIN BYJU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN-682031.
ADDL. 2 RAJESH K.L,
AGED 44YEARS,
S/O.KRISHNAN NAIR,
SREELALITHAM,
KEEZHAROOR,
THIRUVANANTHAPURAM.
ADDITIONAL 2ND RESPONDENT IS IMPLEADED AS PER
ORDER IN I.A.NO.1 OF 2021 DATED 1.2.2021
R2 BY ADV. S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
OP(CRL).6/21 2
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.K.ANAND (A-1921)
OTHER PRESENT:
PP T.R.RENJITH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL).6/21 3
V.G.ARUN, J.
-----------------------------------------------
O.P(CRL).No.6 of 2021
-----------------------------------------------
Dated this the 1st day of February, 2021
JUDGMENT
Petitioner is the de facto complainant in Crime No.827 of 2013 of
the Vellarada Police Station, now pending as S.C.No.250 of 2019 on the
files of the Additional Sessions Court, Neyyattinkara. The offences
alleged are under Sections 143, 147, 148, 449, 323, 324, 307, 302
read with 149 of IPC and Section 27 of the Arms Act, 1959. The crime
was registered on 6.11.2013 and final report was submitted on
9.3.2018. The petitioner is aggrieved by the inordinate delay in
disposing the case and therefore prays for a direction to the Additional
Sessions Court, Neyyattinkara to expedite the proceedings in
S.C.No.250 of 2019.
2. In the report called for by this Court, the learned Additional
Sessions Judge has stated that the trial in S.C.No.25 of 2019 has not
commenced. It is reported that the counsel for the 1 st accused has filed
a petition to direct the prosecution to furnish the date of questioning of
witnesses 1 to 44, before framing charge against the accused. That
petition is posted to 18.2.2021. According to the learned Judge, it will
be possible to dispose the case in six months.
3. The 1st accused, who got himself impleaded, is apprehending
that a direction by this Court to dispose the case in a time bound
manner may result in the Sessions Court proceeding hastily, without
following the prescribed procedure and without passing orders on the
petition filed by the 1st accused. From the report it is evident that the
petition of the 1st accused is posted to 18.2.2021 for hearing. Hence,
the apprehension that the Sessions Court may not consider the
petition is misplaced. Likewise, there is no reason to apprehend that a
direction to dispose the case expeditiously will result in the Sessions
Court bypassing the prescribed procedure.
Therefore, the original petition is disposed of, directing the
Additional Sessions Judge, Neyyattinkara to take earnest efforts to
dispose S.C.No. 250 of 2019 within an outer limit of six months from
the date of receipt of a copy of this judgment.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE FINAL REPORT IN CRIME
NO.827/2013 OF VELLARADA POLICE STATION.
