Kerala High Court
Al Fas Trading International Pvt. ... vs Trades India on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
OP(CRL.) NO. 599 OF 2023
SEEKING DIRECTION TO THE JUDICIAL FIRST CLASS MAGISTRATE COURT II,
ATTINGAL FOR AN DISPOSAL OF EXHIBIT P-1 S.T.NO.1488/2021 WITHIN A
TIME FRAME FIXED BY THIS HON'BLE COURT
PETITIONER/COMPLAINANT:
AL FAS TRADING INTERNATIONAL PVT. LTD
SDF-2, KINFRA, THUMBA, MENAMKULAM,
ST.XAVIER'S COLLEGE POST, THIRUVANANTHAPURAM DISTRICT.
REPRESETED BY ITS MANAGER HR AND ADMIN
SANTHOSH V.H., S/O. HARIDAS, VELUTHEDATH HOUSE,
KOTTAPURAM POST, TRICHUR, PIN - 680584
BY ADV J.JAYAKUMAR
RESPONDENTS/ACCUSED:
1 M/S TRADES INDIA
42/2261-A, MURICKAN BUILDING,
PROVIDENCE ROAD JUNCTION, BANERJI ROAD,
COCHIN, ERNAKULAM, PIN - 682018
REPRESENTED BY LATHA RENJITH,
AUTHORIZED SIGNATORY
2 MRS. LATHA RANJITH
M/S. TRADES INDIA, 42/2261-A, MURICKAN BUILDING,
PROVIDENCE ROAD JUNCTION, BANERJI ROAD,
COCHIN, ERNAKULAM, PIN - 682018
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl)No. 599 of 2023
2
JUDGMENT
Dated this the 9th day of August, 2023
This original petition (criminal) has been filed
under Article 227 of the Constitution of India with the
following prayers:
"(i) direct the Judicial First Class Magistrate
Court II, Attingal for an disposal of Exhibit P-1 S.T.
No.1488/2021 within a time frame fixed by this
Hon'ble Court;
(ii) Petitioner also prays that this Hon'ble Court
may be pleased to dispense with the English
translation of the documents produced in the
Vemacular Language.
And
(iii) such other reliefs as this Hon'ble Court may
deem fit and proper in the facts and circumstances of
this case."
2. Heard the learned counsel for the petitioner. Since
the minimum prayer is only time bound disposal of the S.T.
No.1488/2021, notice to otherside stands dispensed with.
3. Since the petitioner seeks early disposal of S.T.
No.1488/2021 pending before the Judicial First Class
O.P.(Crl)No. 599 of 2023
Magistrate Court-II, Attingal, a report from the learned
Magistrate was called for.
4. As per the report dated 07.08.2023, the learned
Magistrate informed that the total pendency of the cases
before the Court is 16569 out of which 4558 are five year
old cases.
5. In view of the above submission, there shall be a
direction to expedite the trial in S.T. No.1488/2021 pending
before the Judicial First Class Magistrate Court-II, Attingal at
the earliest. Since it is submitted by the learned counsel for
the petitioner that the petitioner is aggrieved in the matter
of non disposal of Ext.P2 C.M.P. No.793/2022 in
S.T. No.1488/2021 seeking interim compensation, the
learned Magistrate is directed to consider the same and pass
orders in accordance with law, within a period of thirty days
from the date of receipt of a copy of this judgment.
Registry is directed to forward a copy of this
judgment to the trial court for information and compliance.
Sd/-
A. BADHARUDEEN
SK
JUDGE
O.P.(Crl)No. 599 of 2023
APPENDIX OF OP(CRL.) 599/2023
PETITIONER'S EXHIBITS :
EXHIBIT P-1 TRUE COPY OF THE COMPLAINT DATED 4/12/2021
IN S.T. NO. 1488/2021 FILED BY THE
PETITIONER BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT - II, ATTINGAL
EXHIBIT P-2 TRUE COPY OF CMP NO. 793/2022 DATED
25/6/2022 IN S.T. NO. 1488/2021 FILED BY THE
PETITIONER BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT II, ATTINGAL
EXHIBIT P-3 TRUE COPY OF THE OBJECTION DATED 6/7/2022
FILED BY THE RESPONDENTS IN CMP NO. 793/2022
IN S.T. NO. 1488/2021 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT II, ATTINGAL
RESPONDENTS' EXHIBITS: NIL
