Binu Cherian vs State Of Kerala
2022 Latest Caselaw 882 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. 509 OF 2021
      CC 524/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
PETITIONER/SOLE ACCUSED:

           BINU CHERIAN
           AGED 51 YEARS
           S/O. CHERIAN, VALYATHUMANDAKATHIL, MADAMON P.O,
           VADASERIKKARA, PATHANAMTHITTA DISTRICT

           BY ADV V.PHILIP MATHEW



RESPONDENT/STATE:

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



           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:
 WP(Crl.)509/21                           2

                                       JUDGMENT

Petitioner is the sole accused in C.C. 524/2005, which arose from the

final report in crime No.152/2005 of Perunad police station. The grievance of

the petitioner is that even after more than 17 years the case has not reached its

logical conclusion and therefore he has sought for fixing a time limit for

disposal of the case.

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

Ranny. The learned Magistrate has reported that all the witnesses are former

employees of the PWD and most of them have retired from service, that no

one has been examined till date. The Magistrate has sought for one year time

for disposing the case.

3. It is a sad case in which the accused himself has moved this Court

for early disposal of the case. Considering the fact that it is a 17 year old

case, one year sought for by the Magistrate is too long and therefore the

learned Magistrate is directed to give top priority to the case and dispose the

same at the earliest, at any rate, within a period of four months from the date

of receipt of a copy of this judgment.

Writ Petition (Crl.) is disposed of as above.

Sd/-

K.HARIPAL JUDGE okb/21.1.22 //True copy// P.S. to Judge

APPENDIX OF OP(CRL.) 509/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF FIR IN CRIME NO. 152/2005 REGISTERED BY PERUNAD POLICE STATION

Exhibit P2 COPY OF THE FINAL REPORT IN CRIMEE NO 152/2005

Exhibit P3 COPY OF PRIVATE COMPLAINT (C.C NO. 172/20080 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNY

Exhibit P4 COPY OF ORDER SHEET IN C.C NO. 524/2005

RESPONDENT'S EXHIBITS

Exhibit R5(A) COPY OF FIR IN CRIME NO. 1989/2021 OF TOWN SOUTH POLICE STATION, PALAKKAD

Exhibit R5(B) COPY OF THE INQUEST REPORT

Exhibit R5(C) COPY OF POSTMORTEM CERTIFICATE OF THE DECEASED