Saju S Das vs State Of Kerala
2021 Latest Caselaw 7029 Ker

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR.JUSTICE V.G.ARUN

 MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                      OP(Crl.).No.72 OF 2021

     CMP 2912/2017 OF CHIEF JUDICIAL MAGISTRATE COURT,
                    THIRUVANANTHAPURAM


PETITIONER/S:

              SAJU S DAS
              AGED 42 YEARS
              SON OF SIVADASAN, RESIDENT OF SS DAS NIVAS,
              THEVALLY, KOLLAM 691 009.

              BY ADVS.
              SRI.PRAVEEN.H.
              SRI.G.HARIHARAN

RESPONDENT/S:

     1        STATE OF KERALA,
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
              COURT OF KERALA, ERAKULAM 682 031.

     2        THE ADDITIONAL SUPERINTENDENT OF POLICE,
              CBI, DSPE, SPECIAL CRIME BRANCH,
              THIRUVANANTHAPURAM 695 008.


OTHER PRESENT:

              PP T.R.RENJITH

    THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON

01.03.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE

FOLLOWING:
 OP(Crl.).No.72 OF 2021
                                  2



                            JUDGMENT

Dated this the 01st day of March, 2021

Petitioner is the de facto complainant in RC-

4(S)/2016/CBI/SCB/TVPM of CBI/DSPE/Special Crime

Branch, Thiruvananthapuram. The crime was

originally registered at the Alappuzha South

Police Station for the offences punishable under

Sections 419, 465, 468 and 471 of IPC. The

investigation was later entrusted with the CBI,

based on the directions in Ext.P1 judgment. After

investigation, the CBI filed Ext.P2 closure

report, finding that the allegations in the FIR

are not substantiated. Aggrieved, the petitioner

preferred Ext.P3 protest complaint. This original

petition is filed seeking a direction to finalise

the proceedings on Ext.P3, pending as CMP No.2912

of 2017 on the files of the Chief Judicial OP(Crl.).No.72 OF 2021

Magistrate Court, Thiruvananthapuram.

2. In the report called for, the learned

Chief Judicial Magistrate, has stated as follows:

The sworn statement of the complainant was

recorded on 28.06.2019. Even though four

witnesses were listed in the schedule of

witnesses, none of them was examined. An argument

note was filed by the petitioner on 26.10.2019 and

the petition was heard on 21.01.2020. The CMP was

posted for hearing on various occasions thereafter

and the complainant was absent on the last three

posting dates. The case now stands posted to

06.03.2021 for hearing. The learned Chief Judicial

Magistrate reports that the petition can be

disposed of in two months.

3. By his persistent absence on the posting

dates, the petitioner has rendered himself

ineligible to seek time bound disposal of the OP(Crl.).No.72 OF 2021

petition. But, in view of the report, the original

petition is disposed of as follows:

The Chief Judicial Magistrate,

Thiruvananthapuram shall take earnest efforts to

pass orders on CMP No.2912 of 2017 within two

months from the date of receipt of a copy of this

judgment.

Sd/-

V.G.ARUN JUDGE Scl/01.03.2021 OP(Crl.).No.72 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29/01/2016 PASSED IN WPC 35696/2015 BY THIS HONBLE COURT.

EXHIBIT P2 TRUE COPY OF THE FINAL REPROT FILED UNDER S. 173 OF THE CODE OF CRIMINAL PROCEDURE BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE, COURT, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE PROTEST COMPLAINT, FILED BY THE PETITIONER.