Bipin Baby vs State Of Kerala
2021 Latest Caselaw 23026 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                       OP(CRL.) NO. 380 OF 2021
    S.C. NO.788/2016 OF ASSISTANT SESSIONS COURT, MUVATTUPUZHA
PETITIONER/VICTIM:

            BIPIN BABY,
            AGED 39 YEARS
            S/O. BABY,
            VAZHIYEDATHU HOUSE,
            KUNNACKAL,
            VALAKAM,
            MUVATTUPUZHA,
            ERNAKULAM.

            BY ADVS.BENNY JOSEPH
                    M.B.SANDEEP


RESPONDENTS/COMPLAINANT/ACCUSED:

    1       STATE OF KERALA
            REP. BY SUB INSPECTOR OF POLICE,
            MUVATTUPUZHA POLICE STATION, ERNAKULAM,
            THROUGH PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            682 031.

    2       DIRECTOR GENERAL OF PROSECUTION,
            DISTRICT COURT, ERNAKULAM,
            REP. BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            682 031.

    3       JOSE KOOTTALIL
            AGED 55 YEARS
            S/O. VARKEY, KOOTTALIL,
            VALAKAM, MUVATTUPUZHA,
            ERNAKULAM 682 316.


            R1 & R2 BY SRI. M.C.ASHI, PUBLIC PROSECUTOR



     THIS   OP   (CRIMINAL)   HAVING        COME   UP   FOR   ADMISSION   ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.).No.380 OF 2021             2


                             JUDGMENT

Petitioner is the defacto complainant in S.C. No. 788/2016

now pending before the Assistant Sessions Court, Muvattupuzha.

He has moved this Court for a direction to the Assistant Sessions

Court to expedite the trial and to dispose of S.C. No. 788/2016

within a reasonable time frame.

2. A report was called for from the learned Sessions Judge

as to within what time the case can be disposed. In reply, in the

communication dated 20.10.2021, the learned Assistant Sessions

Judge has reported that he is prepared to dispose the case within

four months on priority basis; but the Public Prosecutor attached to

his court had recused from conducting the case due to personal

reasons.

3. I heard the learned counsel for the petitioner and also

the learned Public Prosecutor.

4. The learned Public Prosecutor after getting instructions

from the District Public Prosecutor has submitted that since the

Public Prosecutor attached to the court had recused from

conducting the case due to personal reasons, another Public

Prosecutor available in Muvattupuzha, Sri. Abhilash Madhu has

been appointed to conduct the case, that he will conduct the

prosecution.

5. Recording the same, the learned Assistant Sessions

Judge, Muvattupuzha is directed to consider and dispose S.C. No.

788/2016 within four months from the date of receipt of a copy of

this judgment.

O.P. (Crl.) is disposed of as above.

SD/-

K.HARIPAL

JUDGE

DCS/23.11.2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF CHARGE SHEET IN S.C. NO.

788/2016 OF MUVATTUPUZHA POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE EARLY POSTING PETITION DATED 24.02.2020.

EXHIBIT P3 TRUE COPY OF THE EARLY POSTING PETITION DATED 11.08.2021.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS IN S.C. NO.

788/2016 OF ASSISTANT SESSIONS COURT, MUVATTUPUZHA UPLOADED IN THE COURT CITE.