Vibheesh vs Station House Officer
2021 Latest Caselaw 5419 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                        Crl.MC.No.806 OF 2021(A)

 AGAINST THE ORDER/JUDGMENT IN CC 131/2018 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,ALATHUR

     CRIME NO.1011/2017 OF Nenmara Police Station , Palakkad


PETITIONER/S:

      1         VIBHEESH
                AGED 38 YEARS
                S/O.BASKARAN, RESIDING AT SOWPARNIKA, CHIKKILODE,
                NOCHIKATTIL POST, KOZHIKODE, NENMARA, PALAKKAD.

      2         MAIDHILI,
                AGED 58 YEARS
                W/O.BASKARAN, RESIDING AT SOWPARNIKA, CHIKKILODE,
                NOCHIKATTIL POST, KOZHIKODE, NENMARA, PALAKKAD.

                BY ADV. SRI.C.K.SREEJITH

RESPONDENT/S:

      1         STATION HOUSE OFFICER
                PAYYANNUR POLICE STATION, KANNUR DISTRICT,
                REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM-682031.

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

      3         BARONA,
                AGED 24 YEARS
                D/O.ARAVINDHAKSHAN, CHANDRODHAYAM HOUSE,
                PULIKKALTHARA, VALLANGHI, NENMARA, PALAKKAD-678508.


OTHER PRESENT:

                SRI.AJITH MURALI, PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.806 OF 2021(A)                    2


                      P.V.KUNHIKRISHNAN, J.
                --------------------------------------
                      Crl.M.C. No. 806 of 2021
                    --------------------------------
             Dated this the 15th day of February, 2021

                                  ORDER

This petition is filed under Sec.482 of the Cr.P.C. with

the following prayers :

"(i) Call for the records in Crime No.1011/2017 on the file of Nenmara Police Station, Palakkad district and quash entire proceedings against this petitioner.

or

(ii) Issue an order direting the JFCM No.1 Alathur to dispose of CC No. 131/2018 at earliest."

2. When this matter came up for consideration, the

learned counsel for the petitioner submitted that he will be

satisfied if the 2nd prayer is allowed. Admittedly, this case is

pending before the lower court from 2018 onwards. There

can be a direction to the trial court to dispose the case as

expeditiously as possible, at any rate, within 6 months.

Therefore, this Crl.M.C. is disposed, directing the Judicial

First Class Magistrate Court, Alathur to dispose CC

No.131/2018 as expeditiously as possible, at any rate, within

6 months.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.1011/2017 ON THE FILE OF NENMARA POLICE STATION, PALAKKAD DISTRICT DATED 02.12.2017.

ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1011/2017 ON THE FILE OF NENMARA POLICE STATION, PALAKKAD DISTRICT.

ANNEXURE A3 THE TRUE COPY OF THE 161 STATEMENT OF THE 3RD RESPONDENT BEFORE THE POLICE.