Justin George vs State Of Kerala
2023 Latest Caselaw 8613 Ker

OP(CRL.) NO. 523 OF 2023
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        OP(CRL.) NO. 523 OF 2023
      CRIME NO.0897/2020 OF Mundakayam Police Station, Kottayam
AGAINST THE ORDER/JUDGMENTCC 910/2021 OF JUDICIAL MAGISTRATE OF FIRST
                           CLASS -I,KANJIRAPPALLY
PETITIONER/S:

           JUSTIN GEORGE
           AGED 31 YEARS
           VAYALIL HOUSE, ELAMKADU KARA, KOOTTICKAL VILLAGE,
           KANJIRAPPALLY TALUK, KOTTAYAM, PIN - 686514
           BY ADVS.
           S.PRASANTH
           HELEN P.A.
           ATHUL ROY
           STEPHANIE SHARON


RESPONDENT/S:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN
           - 682031
           BY ADV PUBLIC PROSECUTOR SRI.K.A.NOUSHAD


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 523 OF 2023
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                     BECHU KURIAN THOMAS, J.
               ========================
                      O.P.(Crl.) No.523 of 2023
               ------------------------------------------------
                        Dated this the 9th day of August, 2023

                                  JUDGMENT

This original petition is filed seeking a direction to dispose of

C.C.No.910/2021, pending before the Judicial First Class Magistrate Court-

I, Kanjirappally, Kottayam, expeditiously and in a time bound manner.

2. Petitioner claims to be an ex-army personnel, who had saved

the lives of several persons during the floods and landslides that occurred

in Kottayam District. It is alleged that due to the exemplary courage

displayed by him, he saved the lives of at least 20 persons single

handedly.

3. When Ext.P7 notification was issued by the Government,

inviting recommendation for the Jeevan Raksha Pathak Awards of 2022,

though petitioner's name was recommended, it was not proceeded with

due to the pendency of Crime No.897/2020 of Mundakkayam Police

Station, as is evident from Ext.P11. Incidentally the defacto complainant

in the said crime is none other than petitioner's father. It is contended

that the crime is the result of a personal enmity and is being pursued as

an attempt to deny the bravery awards to the petitioner.

4. When the recommendations for Jeevan Raksha Pathak, 2023

was invited as per Ext.P15 notification dated 03.04.2023, it was specified

that applications must be received before 30.9.2023. Considering the OP(CRL.) NO. 523 OF 2023

timelines prescribed in the said notification, this is the last chance for the

petitioner to be recommended for the said award. Learned Counsel also

submitted that the case pending against the petitioner initiated at the

behest of his father is totally false and if the trial is conducted, there is

every possibility of the petitioner being acquitted. In the above

circumstances, this original petition was filed seeking a direction to

dispose of C.C.No. 910/2021.

5. When the matter came up for admission, despite the case in

the trial court being that of the year 2021, this Court sought for a report

from the Trial Court. As per communication dated 21.07.2023, it has been

informed that case is posted for framing charge on 28.09.2023, and that

there are 15 witnesses to be examined, which includes two Doctors, who

are working in far off places. The learned Magistrate has sought for a

period of 12 months to dispose of the case.

6. The circumstances brought out through the writ petition

brings forth an exceptional situation, where a speedy disposal ought to be

directed. If the contentions of the petitioner are true, then he had

displayed bravery in saving the lives of many people. The said act of

bravery is stated to be eligible to be considered for awards instituted by

the Government and the pendency of the crime alone is stated to be an

obstacle for such consideration.

7. It is essential in the above circumstances, that a helping hand

is given by attempting to dispose of the case, expeditiously. The delay in

disposing of C.C.No.910/2021 on the files of the Judicial First Class

Magistrate Court, Kanjirappilly can lead to prejudicial and irremediable OP(CRL.) NO. 523 OF 2023

outcome for the petitioner. Therefore, I deem this to be an exceptional

circumstances warranting a direction to dispose of the said case, as

expeditiously as possible, before the last date for recommending for the

Jeevan Raksha Pathak Award, 2023.

8. In the above circumstances, there will be a direction to the

Judicial First Class Magistrate Court, Kanjirappilly, to dispose of

C.C.No.910/2021, as expeditiously as possible, at any rate, on or before

30.9.2023. Learned Magistrate shall, on production of this judgment

advance the case for framing of charges and conduct, trial of the case on

a day to-day basis. In the event of difficulty in procuring the witnesses for

examination, the court will be free to adopt the benefits of video

conferencing and other methods. The Investigating Officer shall also co-

operate in completing the trial, expeditiously.

The original petition is allowed as above.

sd/

BECHU KURIAN THOMAS JUDGE jm/ OP(CRL.) NO. 523 OF 2023

APPENDIX OF OP(CRL.) 523/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 06.08.2015 Exhibit P2 THE TRUE COPY OF THE FIR REGISTERED BY THE SUB INSPECTOR OF POLICE, CRIME BRANCH AGAINST THE PETITIONER AND HIS MOTHER DATED 04.12.2020 Exhibit P3 THE TRUE COPY OF THE NEWSPAPER REPORT DATED 08/01/2021 Exhibit P4 THE TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE BEFORE THE JFCM-1, KANJIRAPPALLY DATED 23.07.2021 Exhibit P5 THE TRUE COPY OF THE NEWSPAPER REPORT DATED 16.02.2021 Exhibit P6 THE TRUE COPY OF THE PHOTOGRAPHS Exhibit7 THE TRUE COPY OF LETTER ISSUED BY THE GOVERNMENT OF INDIA DATED 31.03.2022 Exhibit P8 THE TRUE COPY OF THE PERFORMA CERTIFICATE ENCLOSED WITH EXHIBIT P8 Exhibit P9 THE TRUE COPY OF THE RECOMMENDATION LETTER DATED 29.08.2022 Exhibit P10 THE TRUE COPY OF THE RECOMMENDATION LETTER DATED 24.08.2022 Exhibit P11 THE TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE DISTRICT COLLECTOR DATED 30.09.2022 Exhibit P12 TRUE COPY OF THE ADVANCE PETITION DATED 27/7/23 Exhibit P13 THE TRUE COPY OF THE PETITION ADVANCED ALONG WITH THE ADVANCE PETITION DATED 27/7/23 Exhibit P14 TRUE COPY THE 'ORDER SHEET' IN CC NO. 910/21 BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-1 COURT KANJIRAPALLY Exhibit P15 THE TRUE COPY OF THE GUIDELINES PROVIDED BY THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS CALLING FOR RECOMMENDATIONS FOR JRP 2023 AS DOCUMENT NO. 17/02/2023- PUBLIC.