Biju.K.K vs State Of Kerala
2021 Latest Caselaw 549 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE V.G.ARUN

  THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA,
                           1942

                 OP(Crl.).No.396 OF 2020

    CC 718/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE
                   COURT, MUVATUPUZHA


PETITIONER/S:

           BIJU.K.K
           AGED 42 YEARS
           S/O.KRISHNAN, KUZHITHADATHIL HOUSE, SOUTH
           VAZHAKKULAM P.O., ALUVA, ERNAKULAM DISTRICT,
           PIN-683 105.

           BY ADV. SRI.K.S.PRAVEEN

RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM, KOCHI-682 031.


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(Crl) No.396 of 2020

                                    -2-



                                 JUDGMENT

Dated this the 07th day of January, 2021

The petitioner is the sole accused in Crime

No.1475 of 2015 registered at the Muvattupuzha

Police Station for offences punishable under

Sections 279 and 304 (A) of IPC, now pending as

C.C.No.718 of 2016 on the file of the Judicial

First Class Magistrate Court, Muvattupuzha. The

allegation of the prosecution is that, the

accused, while working as driver in the KSRTC,

had driven the bus in a rash and negligent manner

and hit on a pedestrian and caused serious

injuries to him. The crime was registered in the

year 2015. The petitioner was relieved from

KSRTC on 15.02.2019 and joined as driver at the

Homeopathy Head Quarters, Thiruvananthapuram on

16.02.2019. Petitioner's probation in the present O.P.(Crl) No.396 of 2020

is to be declared on 16.02.2021. Pendency of the

criminal case would adversely affect his future

prospects. The prayer in this original petition

is for expeditious disposal of the case.

2. In the report called for by this Court,

the learned Magistrate has stated that charge was

read over on 09.08.2016 and the accused had

pleaded guilty and the case was posted for

evidence. CW5 and CW7 were examined as PW1 and

PW2. The case is now posted for examination of

CW1 and CW6. The learned Magistrate has reported

that six months time will be required to dispose

the case as there are thirteen more witnesses to

be examined.

The Judicial First Class Magistrate-I,

Muvattupuzha is directed to dispose of C.C.No.718

of 2016 within an outer limit of six months from

the date of receipt of a copy of this judgment. O.P.(Crl) No.396 of 2020

The original petition is disposed of

accordingly.

Sd/-

V.G.ARUN JUDGE

Scl/07.01.2021 O.P.(Crl) No.396 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FINAL REPORT IN CC NO.718/2016 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA.