Yoosuf K.M vs State Of Kerala
2022 Latest Caselaw 806 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                     OP(CRL.) NO. 385 OF 2021
 IN SC 73/2015 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT
                      - IV, PATHANAMTHITTA
PETITIONER:

         YOOSUF K.M, AGED 55 YEARS
         S/O. LATE MEERAN SAHIB, YOONAS MANZIL, PAZHAKKULAM
         VILLAGE, PAZHAKULAM P.O., ADOOR TALUK,
         PATHANAMTHITTA DISTRICT,PIN-691 527

         BY ADVS. V.JOHN SEBASTIAN RALPH
         VISHNU CHANDRAN, RALPH RETI JOHN
         APPU BABU, SHIFNA MUHAMMED SHUKKUR


RESPONDENTS:

    1    STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA AT ERNAKULAM, PIN-682 031

    2    MUHAMMED SHIHAB, S/O. SHAMSUDHIN, MOUTHANNAM,
         PURAYIDAM, KUMBAZHA P.O., KUMBAZHA,
         PATHANAMTHITTA,PIN-689 653

         SRI M P PRASANTH-PP


     THIS OP     (CRIMINAL) HAVING      COME UP   FOR ADMISSION   ON
17.01.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
 O.P.(Crl).No.385/2021

                                     -:2:-




                               JUDGMENT

Dated this the 17th day of January, 2022

This original petition has been filed by the victim/defacto

complainant for speedy disposal of S.C.No.73/2015 pending on

the files of the Additional District and Sessions Court-IV,

Pathanamthitta.

2. I have heard Sri. John S. Ralph, the learned counsel

for the petitioner and Smt. T.V. Neema, the learned Public

Prosecutor.

3. The trial of the above case has already been

commenced, 33 witnesses were examined and Exts.P1 to P45

were marked on the side of the prosecution. The trial was held

up in view of the pendency of Crl.M.C No.870/2019. The said

Crl.M.C has been filed challenging the order passed by the court

below in an application moved by the State under Section 311 of

Cr.P.C. Today, I have disposed of Crl.M.C No.870/2019.

4. A report has been called for from the learned Sessions O.P.(Crl).No.385/2021

Judge and it is reported that only two more witnesses including

the investigating officer are remaining to be examined. There

was a stay passed by this Court in Crl.M.C No.870/2019. In view

of the disposal of Crl.M.C 870/2019, the said stay stands

vacated. In the report the learned Sessions Judge has stated

that once the stay is vacated, the case can be disposed of in a

time bound manner by 31.3.2022.

Hence, this original petition is disposed of with a direction

to the learned Sessions Judge to dispose of the S.C.No.73/2015

as early as possible, at any rate, by 31.3.2022.

Sd/-

                                      DR. KAUSER EDAPPAGATH
                                               JUDGE
kp                      True copy
                           P.A. To Judge