Ramakrishnan vs State Of Kerala
2021 Latest Caselaw 92 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 04TH DAY OF JANUARY 2021/14TH POUSHA, 1942

                       Crl.MC.No.3725 OF 2013

 AGAINST THE JUDGMENT IN CC 366/2006 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -II, KANNUR


PETITIONER:

              RAMAKRISHNAN
              AGED 64 YEARS
              S/O.SANKARAN, NANDHANAM HOUSE, MAIN ROAD,
              MUZHAPULANGAD, KANNUR.

              BY ADV. SRI.K.S.RAJEEV (ALUVA)

RESPONDENT:

              STATE OF KERALA
              THROUGH SUB INSPECTOR OF POLICE, EDAKKADU
              REPRESENTED BY POLICE STATION BY G.P. HIGH COURT OF
              KERALA AT ERNAKULAM.




              SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                      V.G.ARUN, J.

               ===========================
                     Crl.M.C. No.3725 of 2013
               ===========================
                 Dated this the 4th day of January, 2021

                                    ORDER

Considering the fact that the Crl.M.C is of the year 2013, pertaining to

Calender case of the year 2006, a report was called for from the

jurisdictional Magistrate Court. As per the report, out of the 7 accused

persons, A1 and A2 are facing trial now. A3 is no more and A4 to A7 are

absconding. It is reported that prosecution has cited 8 witnesses, of whom

Cws 1 to 7 were examined as PW1 to PW7. The only remaining witness,

that is CW8, is a police officer who has failed to appear, in spite of summons

being repeated and even after issuance of non bailable warrant. This court is

often coming across instances where trial of criminal cases are being

delayed endlessly due to the deliberate absence of Investigating Officers.

This is an issue which should engage the attention of the Director General of

Prosecution. Such officers are ridiculing the justice delivery system and

should therefore be brought to book.

In view of the fact that only one more witness is to be examined, the

Judicial Magistrate of First Class-II, Kannur is directed to take earnest efforts

to dispose C.C.No.366 of 2006 within an outer limit of three months from

the date of receipt of a copy of this order.

Sd/-

V.G.ARUN JUDGE

lgk APPENDIX

PETITIONER'S ANNEXURES:-

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.87/2005 OF KANNUR TOWN POLICE STATION

ANNEXURE A2 TRUE COPY OF TRANSFER ORDER IN CRIMINAL MP NO.3604/2006 OF SESSIONS COURT, THALASSERY.