Kerala High Court
Dr.Rajan Nambiar vs State Of Kerala on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
OP(Crl.).No.283 OF 2020
AGAINST THE ORDER/JUDGMENT IN CC 52/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,PERAMBRA
CRIME NO.131/2017 OF Perambra Police Station , Kozhikode
PETITIONER/S:
DR.RAJAN NAMBIAR
AGED 63 YEARS
S/O. LATE K.G ADIYODI, NALINAYAM HOUSE,
MENJANYAM, PERAMBRA P.O, KOYILANDY TALUK,
KOZHIKODE 673 525
BY ADVS.
SRI.K.C.ELDHO
SRI.MALLENATHAN.M.
SMT.KRISHNA SANTHOSH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA 682 018
2 MR. SHIJI PHILIP,
AGED 44 YEARS
S/O. PHILIP, RESIDING AT SNEHA KOODU,
PILATHOTATHIL MEETHAL, KOTAMPARAMBA POST,
KOZHIKODE DISTRICT 673 001.
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(Crl).283/2020 2
V.G.ARUN, J.
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OP(CRL).No. 283 of 2020
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Dated this the 12th day of February, 2021
JUDGMENT
Petitioner is the de facto complainant in C.C.No.52 of 2018
pending before the Judicial First Class Magistrate-I, Perambra, the case
originated from Crime No.131 of 2017 of Perambra Police Station
registered for the offence under Section 420 of IPC against the 2 nd
respondent herein. The original petition is filed aggrieved by the delay
in disposal of the case.
2. It is submitted that the petitioner is a senior citizen and
despite the proceedings having commenced on 5.3.2018, even the
presence of the accused could not be secured by the trial court.
3. In the report called for by this Court, the learned Magistrate
has stated that cognizance was taken on 5.3.2018 and summons
issued to the accused was returned unserved repeatedly. Therefore, a
show cause notice was issued to the Police officer concerned. It is
informed that there was no regular sitting in that court from 14.5.2019
to 31.1.2020 and that, after introduction of the lock down restrictions,
the case was being adjourned by notification.
4. Learned counsel for the petitioner submits that, pending the
original petition, summons was served on the 2 nd respondent and he
has entered appearance through counsel. The factum of service of
summons on the accused is reported by the learned Public Prosecutor
also. Considering that the petitioner is a senior citizen and that almost
three years was taken to secure the accused's presence, the case can
be directed to be disposed of in a time bound manner. In view of the
limited relief being granted hereunder, notice to the 2 nd respondent is
dispensed with.
The Judicial First Class Magistrate-I, Perambra is directed to
dispose C.C.No.52 of 2018 within an outer limit of eight months from
the date of receipt of a copy of this judgment.
The Original Petition is disposed of accordingly.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE FIR IN CRIME NO. 131 OF
EXHIBIT P2 A TRUE COPY OF THE FINAL REPORT IN CC NO.
52 OF 2018 IN CRIME NO. 131 OF 2017 DATED
25-01-2018
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS SHEET IN CC
NO. 52/2018 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, PERAMBRA.
