[email protected] vs State Of Kerala
2021 Latest Caselaw 23328 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE K.HARIPAL
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      OP(CRL.) NO. 441 OF 2021
    CC 11/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER/ACCUSED:

           [email protected]
           AGED 39 YEARS
           S/O. PRINCELAL, DHANWANTHARIMADAM, PRASANTHI NAGAR-99,
           ASRAMAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT.
           BY ADV K.V.ANIL KUMAR


RESPONDENT/COMPLAINANT:

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




           SR.PP - SRI. HRITHWIK C.S.



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(Crl.) 441/2021                            2

                                           JUDGMENT

The accused in C.C. 11/2014, pending before the Judicial First Class

Magistrate's Court-II, Kollam, has moved this Court seeking a direction to the

learned Magistrate to dispose of the case within a time frame.

2. A report was called for from the Judicial First Class Magistrate-II,

Kollam. The learned Magistrate has reported that the total pendency of the

cases in that Court is more than 28,000. However, the Magistrate has agreed

to dispose of the case within a period of six months.

3. It is true that it is a heavy Court. But old matters have to be given

priority. There are only eight witnesses in the charge sheet. The learned

counsel complained that even when the witnesses had turned up last time,

they were not examined and the case was adjourned to November. But that

cannot be approved. Anyhow, this is a case of 2014; that means, eight years

have lapsed after registration. Such a case deserves to be given top priority.

Therefore, the Judicial First Class Magistrate-II, Kollam is directed to try and

dispose the case within a period of six months from the date of receipt of a

copy of this judgment.

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

K.HARIPAL JUDGE okb/26.11

APPENDIX OF OP(CRL.) 441/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.6/2014 OF THE KOLLAM EAST POLICE STATION, NOW BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM AS C.C.NO.11/2014.