Citation : 2021 Latest Caselaw 23119 Ker
Judgement Date : 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
OP(CRL.) NO. 438 OF 2021
IN CONNECTION WITH CC 787/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
KUNNAMANGALAM, ARISING FROM CRIME NO.135/2011 MEDICAL COLLEGE POLICE STATION
KOZHIKODE
PETITIONER:
C.K.ABDUL MANAF
AGED 39 YEARS
S/O. PARIYEYI,
CHUNDAKUZHIYIL HOUSE,
PILLASSERY P.O,
KUNNAMANGALAM,
KOZHIKODE DISTRICT
BY ADV BIJU.P.N.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, COCHIN 31
PP - SRI. M.C.ASHI
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl).No.438 of 2021
2
JUDGMENT
The first accused in C.C.No.787/2017 on the file of the
Judicial First Class Magistrate Court, Kunnamangalam has
moved this Court under Section 227 of the Constitution seeking
expeditious disposal of the said case. A report was called for
from the learned Magistrate, where it is stated that there are 18
witnesses in the charge sheet, out of them 4 have already been
examined and steps have taken for examining the remaining
witnesses. Learned Magistrate has sought six months' time for
the disposal of the case.
2. I heard the learned counsel for the petitioner. Learned
counsel submitted that the petitioner has got an offer for
employment abroad, if the disposal of the case is delayed, he may
lost that oppurtunity. It is a crime of the year 2011. That means,
ten years have elapsed. Here only 14 witnesses are remaining to
be examined which can be done within a period of four months.
3. In the result, the learned Magistrate is directed to try O.P.(Crl).No.438 of 2021
and dispose C.C.No.787/2017 within a period of 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 Jms/24.11
//True Copy// P.A to Judge O.P.(Crl).No.438 of 2021
APPENDIX OF OP(CRL.) 438/2021
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR DATED 18-02-2011 Exhibit P2 TRUE COPY OF THE FINAL REPORT IN C.C.NO.787/2017 DATED 28-04-2012
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