Dixon Gomez vs State Of Kerala
2021 Latest Caselaw 21732 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                       OP(CRL.) NO. 345 OF 2021
    CC 366/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -           XI,
                          THIRUVANANTHAPURAM
PETITIONER/A1:

            DIXON GOMEZ
            AGED 35 YEARS
            S/O. STEPHEN GOMEZ,
            PUTHUMAL PURAYIDOM,
            CHERIYATHURA,
            VALLAKADAVU P.O.,
            THIRUVANANTHAPURAM.

            BY ADVS.C.S.SUMESH
                    BIJU THANKAPPEN


RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM,
            PIN CODE 682 031



            BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR



     THIS   OP   (CRIMINAL)   HAVING        COME   UP   FOR   ADMISSION    ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.)No.345 OF 2021            2


                              JUDGMENT

The first accused in C.C. No. 366/2019 pending before the

Judicial First Class Magistrate - XI, Thiruvananthapuram has

moved this Court under Article 227 of the Constitution seeking

expeditious disposal of the case.

2. After hearing the counsel, a report was called for from

the learned Magistrate as to within what time the case can be

disposed of. The learned Judicial First Class Magistrate - XII,

Thiruvananthapuram who is holding charge of jurisdictional court

has filed a report stating that the Magistrate is on maternity leave

from 18.06.2021 to 14.12.2021, that there are 25082 cases pending

in that court. Considering this aspect and also due to Covid - 19

restrictions, she has sought for eight months' time for completing

the trial.

3. Even though the case number is that of the year 2019, it

is a crime of the year 2012 and the original case was registered in

2013. Therefore, it is an old matter which requires early attention.

But in the light of the report of the learned Magistrate in charge of

the court that the Presiding Officer is on maternity leave, eight

months' time sought for is only reasonable.

4. Therefore, the Judicial First Class Magistrate Court -

XI, Thiruvananthapuram is directed to dispose C.C. No. 366/2019

within a period of eight months from the date of receipt of a copy

of this judgment.

Subject to the above, this original petition is disposed of.

SD/-

K.HARIPAL

JUDGE

DCS/02.11.2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1598/2012 OF VALIYATHURA POLICE STATION.