Kerala High Court
Renjith vs State Of Kerala on 14 January, 2021
OP(Crl.).1/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
OP(Crl.).No.1 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1404/2015 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,NEYYATTINKARA
CRIME NO.1192/2014 OF Thiruvallam Police Station ,
Thiruvananthapuram
PETITIONER/S:
RENJITH
AGED 27 YEARS
S/O.RAJAN, S.R.BHAVAN, NELLIYODE, PUNCHAKIRI
THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM DISTRICT
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031
2 THE STATION HOUSE OFFICER
THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM
DISTRICT PIN 695 027
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).1/21 2
V.G.ARUN, J.
-----------------------------------------------
O.P(CRL).No. 1 of 2021
-----------------------------------------------
Dated this the 14th day of January, 2021
JUDGMENT
Petitioner is the 1st accused in C.C.No.1404 of 2015 pending
before the Judicial First Class Magistrate Court-II, Neyyattinkara. The
case originated from Crime No.1192 of 2014 registered at the
Thiruvallam Police Station for offences punishable under Sections 143,
147, 149, 294B, 323, 324, 427 and 452 of IPC. The original petition is
filed aggrieved by the inordinate delay in disposing the case, which,
according to the petitioner, is spoiling his chances of getting
employment abroad.
2. In the report called for by this Court, the Judicial First Class
Magistrate-I, who is holding full additional charge of the JFCM-II Court
from 1.7.2020 onwards, has stated that, cognizance is taken in
C.C.1404 of 2015 and the appearance of the accused is yet to be
secured. As per the report, there are a total of 3749 targeted for
disposal cases in JFCM-I and 4014 such cases in JFCM-II. It is pointed
out that in the wake of Covid-19 and resultant lock down, execution of
summons is not regular and situation being such, considerable time
would be required for securing attendance of the accused and
witnesses. According to the learned Magistrate, a minimum period of
one year is required for disposal of the case.
3. Even though the reasons stated in the report are convincing,
this Court is at a loss to understand as to why not even summons is
served on the accused in a calender case of the year 2015. It need be
restated that a criminal case can be concluded without undue delay
only if the court, the prosecution and the defence counsel work in
tandem. No such effort is seen made in the instant case, inasmuch as
no effort to serve summons on the accused is seen to have been
made, whether it be for reasons attributable to the court or to the
prosecution. The pandemic cannot be an excuse for endless
procrastination of criminal cases. While this court is aware about the
difficulty being faced by the learned Magistrate, since he is holding
additional charge of a busy court, the plight of the accused who is
made to wait for years together cannot also be neglected.
In the result, the original petition is disposed of directing the
Judicial First Class Magistrate-II, Neyyattinkara to take earnest efforts
to dispose C.C.No.1404 of 2015 within an outer limit of eight 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 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.1192/2014 OF THIRUVALLAM POLICE STATION
