Radhakrishnan .C vs State Of Kerala
2021 Latest Caselaw 13246 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
       THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                         OP(CRL.) NO. 173 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 84/2018 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS - I, OTTAPPALAM, PALAKKAD
PETITIONER/S:

           RADHAKRISHNAN .C
           AGED 61 YEARS
           S/O. KUMARAN NAIR, VISMAYA MADATHIL HOUSE, KOTTAPURAM,
           KARIMPUZHA, SREEKRISHNAPURAM, PALAKKAD 679 513.

           BY ADVS.
           DIVYA RAVINDRAN
           SRI.DHEERAJ KRISHNAN PEROT



RESPONDENT/S:

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


OTHER PRESENT:

           SRI.C.S.HRITHWIK SRPP



THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.06.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 173 OF 2021          2



                              JUDGMENT

Dated this the 24th day of June 2021

Petitioner is a senior citizen, who is the de facto complainant,

who has filed a complaint against the accused alleging offences

punishable under Sections 406 and 420 r/w Section 34 of IPC. The

case is presently pending as CC No.84/2018 on the files of the

Judicial First Class Magistrate Court-I, Ottappalam.

2. The petitioner submits that he is a senior citizen and is

anxious about the outcome of his complaint. He seeks a direction

to be issued to the learned Magistrate to dispose of the matter as

expeditiously as possible within a time frame. A report was called

for from the learned Magistrate and it is submitted that at least ten

months time is required for disposing of CC No.84/20218 on the

files of that Court, considering the fact that the 2nd accused is yet

to appear before the court.

3. Considering the facts submitted by the learned Magistrate

and the present pandemic situation, O.P(Crl.) is disposed of with a

direction to the Judicial First Class Magistrate, Ottappalam to

dispose of C.C. No.84/2018 on the files of that court as

expeditiously as possible, at any rate, within a period of ten

months from the date of receipt of a copy of this order.

The O.P(Crl) is disposed of accordingly.

SD/-

ASHOK MENON

rmm JUDGE

APPENDIX OF OP(CRL.) 173/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPROT DATED 5.12.2017 NO. 884/2017.

EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN 92/2020 DATED 25.7.2020.

EXHIBIT P3 TRUE COPY OF THE CASE PROCEEDINGS IN CC.NO. 84/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE OTTAPPALAM.

EXHIBIT P4 TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER FROM EMS MEMORIAL CO-OPERATIVE HOSPITAL, PERINTHALMANNA.