Wilson vs State Of Kerala
2022 Latest Caselaw 871 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE K.HARIPAL
      FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
                        OP(CRL.) NO. 543 OF 2021
 (S.C.NO.805/2017 ON THE FILE OF THE ADDITIONAL SESSIONS COURT-V,
   KOLLAM WHICH AROSE FROM CRIME NO.1313/2016 OF KOLLAM POLICE
                                STATION)
PETITIONER/CW1:

            WILSON
            AGED 25 YEARS
            S/O VARGHESE,
            THURUTHIL PURAYIDAM,
            VADAKKUMBHAGAM CHERIYIL,
            KOLLAM EAST VILLAGE,
            KOLLAM DISTRICT.
            BY ADVS.
            C.S.SUMESH
            BIJU THANKAPPEN


RESPONDENTS/STATE:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM-682031.


            SR.PP - SRI. HRITHWIK C.S.


     THIS   OP    (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl) No.543 of 2021
                                         2



                                       JUDGMENT

Defacto complainant in Crime No.1316/2016 of Kollam

East police station has moved this Court under Article 227 of the

Constitution seeking expeditious trial and disposal of

S.C.No.805/2017 pending before the Additional Sessions

Court-V, Kollam. It is a murder case alleging offence under

Sections 143, 147, 148, 294(b), 341, 323, 324 and 302 read with

Section 149 of the IPC.

2. A report was called for from the Additional Sessions

Judge. Now, Additional Sessions Judge -IV, who is in charge of

the Additional Sessions Judge -V has reported that at present, the

post of Additional Sessions Judge -V remains vacant and he is

holding additional charge. There are large number of cases, both

criminal and civil appeals, OP(MV) petitions, OP(Electricity)

Petitions etc., are pending before that court besides bail

applications, Execution petitions etc. The learned Additional

Sessions Judge is also under orders of transfer, so that he is not in

a position to state within what time the case can be disposed of. O.P.(Crl) No.543 of 2021

Still he has requested that six months' time may be granted from

the date of taking charge of the newly posted Additional Sessions

Judge in the trial court.

3. As rightly pointed out, the Presiding Officer in charge

of the court cannot give a time line for the disposal of the case.

But from the statement, it seems that an officer has been posted

as Additional Sessions Judge-V and six months' time has been

sought for. The Ext.P1 case diary status indicates that the charge

has already been framed, but for the same, the Principal Session

Judge could have been asked to make over the case to some other

court. Whatever it may be, I direct the Additional Sessions

Judge-V to try and dispose the case latest by 31.12.2022.

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

Sd/-

                                                               K.HARIPAL
                                                                 JUDGE


       Jms/21.01



                           //True Copy//       P.A to Judge
 O.P.(Crl) No.543 of 2021



                           APPENDIX OF OP(CRL.) 543/2021

PETITIONER EXHIBITS
Exhibit P1                   THE CERTIFIED COPY OF THE ORDER SHEET IN

SESSIONS CASE NO.805/2017 PENDING BEFORE THE ADDL. SESSIONS COURT-V, KOLLAM.