N.K.Alias vs The State Of Kerala
2021 Latest Caselaw 23330 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. 384 OF 2021
  CC 659/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KALPETTA
PETITIONER/ACCUSED 1 AND 2 :

     1     N.K.ALIYAS
           AGED 93 YEARS
           S/O. KURIAN (LATE), NIRAPPIN PUTHENPURAKAL HOUSE,
           ANCHUKUNNU P.O, ANCHUKUNNU VILLAGE, MANANTHAVADY TALUK,
           WYANAD - 670645.
     2     DR. SONY,
           AGED 66 YEARS
           S/O.N.K. ALIYAS, NIRAPPIN PUTHENPURAKAL HOUSE, ANCHUKUNNU
           P.O, ANCHUKUNNU VILLAGE, MANANTHAVADY TALUK, WAYANAD -
           670645.
           BY ADV M.R.SASITH


RESPONDENTS/DEFACTO COMPLAINANT:

     1     THE STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM - 682032.
     2     JAFFER
           S/O. K.P. ABDUL RAHMAN, POOVATHAMKANDY, CHATHOTHMEETHAL
           HOUSE, VADAKARA P.O, PIN - 673101.


           PP - SRI. M.C.ASHI



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl).384/2021                         2



                                         JUDGMENT

Petitioners, who are the accused in C.C.659/2020 on the file of the

Judicial First Class Magistrate, Kalpetta have moved this Court under

Article 227 of the Constitution for an expeditious disposal of the case

within a time frame.

2. A report was called from the learned Magistrate, wherein it is

stated that the crime is of the year 2012; at first, charge sheet was laid

before the Judicial First Class Magistrate's Court-II, Mananthavady,

where it was taken on file as C.C. 489/2014 and then the case was made

over to the Judicial First Class Magistrate's Court, Kalpetta where it was

refiled as C.C. 659/2020. The learned Magistrate has reported that due

to the pandemic situation many working days were lost; moreover, no

permanent Assistant Public Prosecutor is appointed in the Court. Now

the services of the Assistant Public Prosecutor attached to the Judicial

First Class Magistrate's Court-I, Sulthan Bathery is made available in

that Court for two days a week on a temporary arrangement basis. Thus

the Magistrate seeks one year time for the disposal of the case.

3. From the report of the learned Magistrate, it is clear that the

crime was of the year 2012 and the final report was laid in 2014. This

Court can understand the absence of an Assistant Public Prosecutor on

regular basis. However, considering the fact that one of the accused is

aged 93 year old, a plea for early disposal of the case cannot be ignored.

It is his legitimate right to seek expeditious trial. It is one of the facets of

free and fair trial enshrined in Article 21 of the Constitution of India.

Therefore, the learned Magistrate is directed to try and dispose of the

case giving top priority, within six months from the date of receipt of a

copy of the judgment.

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

Sd/-

                                                                  K.HARIPAL
                                                                    JUDGE
      okb/25.11
                                          //True copy//          P.S. to Judge





                      APPENDIX OF OP(CRL.) 384/2021

PETITIONER EXHIBITS
Exhibit P1              THE TRUE COPY OF THE FIR IN CRIME NO. 21/2012
                        OF KUMBALAKKAD POLICE STATION, WAYANAD.
Exhibit P2              TRUE COPY OF COMPUTER COPY OF PROCEEDING IN CC
                        NO. 659/2020 OF JUDICIAL FIRST CLASS
                        MAGISTRATE COURT, KALPETTA