Sreejith @ Sreekuttan vs State Of Kerala
2021 Latest Caselaw 890 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                 OP(Crl.).No.362 OF 2020

    CC 2254/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                   COURT, NEYYATINKARA

      CRIME NO.818/2016 OF Kovalam Police Station ,
                    Thiruvananthapuram


PETITIONER/S:

     1     SREEJITH @ SREEKUTTAN
           AGED 27 YEARS
           S/O. JAYAKUMAR, TC 64/494, KUNNIL VEEDU,
           EDAGRAMOM, KARUMOM P.O., THIRUVANANTHAPURAM-
           695002.

     2     VAISAKH @ VICHU,
           AGED 28 YEARS
           VAISAKH BHAVAN, MELIKKOTTUKONAM,
           BALARAMAPURAM, THIRUVANANTHAPURAM.

           BY ADV. SRI.S.MOHAMMED AL RAFI

RESPONDENT/S:

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

     2     THE STATION HOUSE OFFICER,
           KOVALAM POLICE STATION, THIRUVANANTHAPURAM-
           695027.


OTHER PRESENT:

           PP T.R.RENJITH

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(Crl.).No.362 OF 2020

                                    -2-



                                JUDGMENT

Dated this the 11th day of January, 2021

in Crime No.818 of 2016 registered at the Kovalam

Police Station for offences punishable under

Sections 341 and 323 r/w 34 of IPC, now pending

as C.C.No.2254 of 2016 on the file of the

Judicial First Class Magistrate Court,

Neyyattinkara, seek expeditious disposal of the

case. It is stated that the first petitioner has

secured contract work with Brahmos Aerospace, a

Central Government organisation and the second

petitioner is in State Government service. That,

pendency of the criminal case would adversely

affect their future prospects, especially, the

second petitioner whose probation is yet to be

declared.

2. In the report called for by this Court, OP(Crl.).No.362 OF 2020

the learned Magistrate has stated that charge was

framed by the court on 10.10.2018 and the trial

in the case has commenced. Of the 10 witnesses

cited by the Prosecution, prosecution witnesses

1 to 3 were summoned to appear on 22.05.2019. On

that day, only 2nd prosecution witness was present

and the Assistant Public Prosecutor sought

adjournment on the ground that it is not possible

to examine other witnesses without conducting

chief examination of the de facto complainant.

Later, the defacto complainant appeared and was

examined. But 2nd prosecution witness failed to

appear in spite of repeated summons and even non-

bailable warrants being issued. After outbreak

of the Covid-19 pandemic, further coercive steps

was not taken against 2nd prosecution witness and

now the trial is at a standstill. The learned

Magistrate has reported that four months time is OP(Crl.).No.362 OF 2020

required to secure the presence of 2nd prosecution

witness for the chief examination. In criminal

cases, the court cannot be expected to wait

endlessly, till the prosecution secures the

presence of all its witnesses. The instant case

being of the year 2016, endeavour should be taken

to dispose the case without further delay.

The original petition is hence disposed of

directing the Judicial Magistrate of First Class

Magistrate, Neyyattinkara to take earnest efforts

to dispose C.C.No.2254 of 2016 with an outer

limit of four months from the date of receipt of

a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

Scl/11.01.2021 OP(Crl.).No.362 OF 2020

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.818/2016 OF KOVALAM POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE ENTRY PASS ISSUED TO THE PETITIONER BY BRAHMOS AEROSPACE, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 2ND PETITIONER BY EMPLOYEES STATE INSURANCE CORPORATION.