Nishad A vs State Of Kerala
2021 Latest Caselaw 19288 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        OP(CRL.) NO. 259 OF 2021
CRL.APPEAL NO. 108/2019 OF THE COURT OF ADDL. DISTRICT & SESSIONS
                      JUDGE - IV, THALASSERY, KANNUR
   CC 1105/2014 OF JUDICIAL FIRST CLASS MAGISTRATE - I, KANNUR
PETITIONER:

            NISHAD A.
            AGED 27 YEARS
            S/O. MAHMOOD, RISHANA MANZIL,
            AZHIKODANTAKATH, HAJIMOTTA,
            KALLIASSERY AMSOM,
            KANNUR DISTRICT 670 562.

            BY ADVS.
            V.S.MANSOOR
            K.K.MUHAMMAD FOUZ
            AKHIL BINOY


RESPONDENTS:

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

    2       SUB INSPECTOR OF POLICE,
            KANNAPURAM POLICE STATION,
            KANNUR DISTRICT 670 301.


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



     THIS     OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.)No.259 OF 2021             2




                             JUDGMENT

The 8th appellant in Crl. A. No. 108/2019 pending before

the Additional Sessions Court - IV, Thalassery has moved this

Court seeking a direction to the court to dispose of the appeal

within a reasonable time, as expeditiously as possible.

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

the learned Public Prosecutor.

3. I also perused the report dated 04.08.2021 submitted

by the learned Additional Sessions Judge - IV, Thalassery.

According to him, there are 281 criminal appeals pending before

that court, out of which 210 were filed prior to 2019 and all

criminal appeals upto 2016, numbering 115, have been targeted

for disposal in the current year. That means Crl.A.No. 108/2019

is not a target case. However, the learned Sessions Judge has

undertaken to dispose of the appeal within two months, if the

parties co-operate, on receipt of lower court records.

4. In the circumstances, the learned Additional Sessions

Judge - IV, Thalassery is directed to take immediate steps for

procuring the lower court records and on receipt of it, the

Crl. A. No. 108/2019 shall be disposed of within a period of two

months from the date of receipt of the records.

Original Petition is disposed of as above.

SD/-

K.HARIPAL

JUDGE

DCS/15.09.2021

APPENDIX

PETITIONER'S EXHIBIT

EXHIBIT P1 TRUE PHOTO COPY OF JUDGMENT DTD. 18/03/2019 IN C.C. NO. 1105/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, KANNUR.

EXHIBIT P2 TRUE PHOTOCOPY OF MEMORANDUM OF CRL. APPEAL NO. 108/2019 ON THE FILES OF COURT OF ADDL. DISTRICT AND SESSIONS JUDGE-IV, THALASSERY, KANNUR DISTRICT.