Kerala High Court
Premchandrakumar vs State Of Kerala on 15 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
OP(CRL.) NO. 922 OF 2023
CRIME NO.2145/2012 OF Kundara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CC 1151/2013 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, KOLLAM
PETITIONER(S)/ACCUSED:
PREMCHANDRAKUMAR
AGED 52 YEARS
S/O. BHASKARAPILLAI, RESIDING AT PRATAPMANDIRAM
VELLIMUN WEST, VELLIMON, PERINADE, KOLLAM, PIN - 691511
BY ADV SHERLY MOL THOMAS
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV. SRI. M.P.PRASANTH-PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl.)No.922 of 2023
2
P.V.KUNHIKRISHNAN, J.
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O.P.(Crl.)No.922 of 2023
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Dated this the 15th day of December, 2023
JUDGMENT
This Original Petition (Crl.) is filed with the
following prayers:
"1. Call for the records of C.C. NO.1151/2013
from Judicial First Class Magistrate Court - 1, Kollam.
2. Direct the speedy trial in CC No.1151/2013 is
pending before the Judicial First Class Magistrate
Court - 1, Kollam.
3. Granting such other orders as this Honorable
Court deems fit in all the circumstances of the case."
2. When this O.P.(Crl.) came up for
consideration 29.11.2023, this Court directed the
Registry to get a report from the Judicial First Class
Magistrate Court - I, Kollam about the time required to
dispose of C.C.No.1151/2013. A report is submitted
by the learned Magistrate. It will be better to extract
the same:
"In obedience to the reference cited above, I
may humbly submit that this case arose on a final
report submitted by SHO Kundara police station
alleging commission of offences punishable under
sections 294 (b) and 332 of IPC. This court took
cognizance of the aforesaid offenses and taken on file
as CC 1151/2013 on 22/10/2013. Thereafter the
summons was issued to the accused and he
appeared before this court and trial proceedings was
initiated. CW1 to CW5 and CW9 were examined.
There are 9 witnesses in this case. The case is stands
posted to 12-03-2024 for the appearance of
remaining witnesses.
I may also submit that I am holding additional
charge of Juvenile Justice Board, Kollam. The total
number of cases pending before this court is 16353
out of which 5977 cases comes in the +5 year old
category. I will take earnest effort to dispose the
case. Hence I request to grant me four months time
to dispose the case. This is for favour of kind
consideration."
In the light of the above report, this O.P.(Crl.) can
be disposed of.
Therefore, this O.P.(Crl.) is disposed of directing
the Judicial First Class Magistrate Court - I, Kollam to
dispose of C.C.No.1151/2013, as expeditiously as
possible, at any rate, within a period of four months
from the date of receipt of a stamped certified copy of
this order.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
APPENDIX OF OP(CRL.) 922/2023
PETITIONER EXHIBITS
EXHIBIT P1 CMP NO.4911 OF 2008 FILED BY THE
PETITIONER ON 22.05.2008 BEFORE
JUDICIAL FIRST CLASS MAGISTRATE
COURT III, PUNALUR ON 22.05.2008,
WHICH IS RENUMBERED AS CC
NO.3264/2021 IS PENDING BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT - II, PUNALUR
EXHIBIT P2 A TRUE COPY OF FIR NO.2145
ON18.12.2012 REGISTERED IN KUNDERA
POLICE STATION
EXHIBIT P3 A TRUE COPY OF FINAL REPORT DATED
24.12.2012
EXHIBIT P4 A TRUE COPY OF E-COURT DETAILS OF
CURRENT STATUS TILL 07.12.2023
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
