R. Arunraj vs State Of Kerala
2023 Latest Caselaw 13508 Ker

Kerala High Court

R. Arunraj vs State Of Kerala on 21 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
  THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                       OP(CRL.) NO. 954 OF 2023
       CRIME NO.2516/2020 OF Chavara Police Station, Kollam
  AGAINST THE ORDER/JUDGMENT CC 98/2021 OF JUDICIAL FIRST CLASS
                       MAGISTRATE COURT, CHAVARA
PETITIONER(S)/ACCUSED:

            R. ARUNRAJ
            AGED 34 YEARS
            S/O RAJAGOPALAPILLA, NEDIYATH VEEDU, MUKUNDAPURAM P.O.,
            MENAMBALLI MURI, CHAVARA VILLAGE, KOLLAM, PIN - 691585
            BY ADVS.
            M.R.SASITH
            R.K.CHIRUTHA


RESPONDENT(S)/STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031
            BY ADV.
            SMT.SREEJA V., PP

     THIS   OP   (CRIMINAL)     HAVING     COME   UP   FOR   ADMISSION   ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(Crl.)No.954 of 2023


                                   2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
              O.P.(Crl.)No.954 of 2023
     ----------------------------------------------
    Dated this the 21st day of December, 2023


                          JUDGMENT

This Original Petition (Crl.) is filed with the

following prayers:

"i) To direct the Hon'ble Judicial First Class Magistrate Court, Chavara to dispose of CC No. 98/2021 pending before the same Hon'ble court, within a specific time limit fixed by this Hon'ble Court in a fast and expeditious manner in the interest of justice.

ii) Issue any such other, Direction or Orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case, in the interest of justice."

2. When this Original Petition came up for

consideration on 13.12.2023, this Court directed the

Registry to get a report from the Judicial First Class

Magistrate court, Chavara about the time required to

dispose of the matter. A report is submitted by the

learned Magistrate. It will be better to extract the

same:

"CC 98/21 on the file of this court is charged U/s 279,304(A),134(a), (b)of MV Act. There is only one accused in this case, named ArunRaj S/o Rajagopalapillai. The first posting of this case is 07/06/2021. Several postings are adjourned. On 03/08/2023 accused was present, Bail granted to the accused. Plea read over and explain to the accused of which he pleaded not guilty. Altogether there are 15 witnesses in this case. Summons issued to CW1 to CW3 for appearing on 09.01.2024. Hence I Humbly request your good self to grant 7 months time for disposing the matter."

3. 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, Chavara to

dispose of C.C.No.98/2021 as expeditiously as

possible, at any rate, within a period of seven months

from the date of receipt of a stamped certified copy of

this judgment.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE

APPENDIX OF OP(CRL.) 954/2023

PETITIONER EXHIBITS EXHIBIT P1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.2516/2020 OF CHAVARA POLICE STATION, KOLLAM EXHIBIT 2 TRUE COPY OF FINAL REPORT IN CC NO.98/2021 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE