Aadam Thomas vs State Of Kerala
2023 Latest Caselaw 13576 Ker

Kerala High Court

Aadam Thomas 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
                   CRL.MC NO. 11152 OF 2023
     CRIME NO.418/2022 OF Ernakulam South Police Station,
                            Ernakulam
AGAINST THE ORDER/JUDGMENT CC 738/2023 OF ADDITIONAL CHIEF
             JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/S:

           AADAM THOMAS, AGED 23 YEARS
           MAROTTICKAL HOUSE, MEEMPARA P.O., PUTHEMCRUZE,
           ERNAKULAM, PIN - 682308
           BY ADVS.
           PRASOON SUNNY
           RAJI S.
           RITTY K.REJI
           SHIBAS IBRAHIM
           SHAMEEL N.
           SAJEENA ABDU T.K.
           HABNAM HAKEEM
           GIRIJA N.
           GOKUL GOPI
RESPONDENT/S:
          STATE OF KERALA
          REPRESENTED BY THE STATION HOUSE OFFICER,
          ERNAKULAM TOWN SOUTH POLICE STATION, REPRESENTED
          BY THE PUBLIC PROSECUTOR, PIN - 682031
OTHER PRESENT:
          SMT SREEJA V, PP
      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   21.12.2023,   THE   COURT    ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                     -2-
Crl.M.C No. 11152 of 2023



                             P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              Crl.M.C No. 11152 of 2023
                        =============================================================

                   Dated this the 21st day of December, 2023

                                              ORDER

The above writ petition is filed with following prayers:

"To direct the Hon'ble Additional Chief Judicial Magistrate Court (Economic Offences), at Ernakulam to conduct the trial and dispose of CC No. 738/2023 as early as possible and within a time limit that may be prescribed by this Hon'ble court; To direct the respondent to serve the copies mentioned in the CMP within a time frame; Issue such other order or direction which this Honourable Court deems fit in the facts and circumstances of the case." (sic)

2. The petitioner is an accused in CC No.738 of 2023 on the file

of the Additional Chief Judicial Magistrate Court (E&O), Ernakulam.

It is submitted that the petitioner obtained a job and for that purpose a

police clearance certificate is necessary. Hence, the petitioner seeks

an early disposal of the above case.

3. Heard the counsel for the petitioner and the public prosecutor.

4. After hearing both sides, I am of the considered opinion that

the petitioner can file an application before the trial court narrating the

grievance raised in this Crl.M.C with a request for an out of turn

disposal of the above case. If such a petition is filed, there can be a

direction to consider the same within a time frame.

Therefore, this Crl.M.C is disposed of in the following manner:

1. Petitioner is free to file a petition for an out of turn disposal of CC No.738 of 2023 before the Additional Chief Judicial Magistrate Court (E&O), Ernakulam, within one week from the date of receipt of a certified copy of this order.

2. Once such a petition is received, the Additional Chief Judicial Magistrate Court (E&O), Ernakulam, will pass appropriate orders in it, as expeditiously as possible, at any rate, within two weeks from the date of receipt of the petition.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

APPENDIX OF CRL.MC 11152/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR BEARING NO.

418/2022 REGISTERED BY THE ERNAKULAM TOWN SOUTH POLICE STATION DATED 27/03/2022 Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 15/10/2022 SUBMITTED BY THE ERNAKULAM TOWN SOUTH POLICE STATION Annexure A3 TRUE COPY OF THE CRL.M.P. NO.1709/2023 DATED 16/02/2023 Annexure A4 TRUE COPY OF THE PROCEEDINGS IN CP 27/2022 DATED 11/4/2023 SHOWN IN THE ECOURTS Annexure A5 TRUE COPY OF THE PROCEEDINGS IN C.P. 27/2022 DATED 19/4/2023 SHOWN IN THE ECOURTS Annexure A6 TRUE COPY OF THE PROCEEDINGS IN CC NO.

738/2023 DATED 24/11/2023 SHOWN IN THE ECOURTS Annexure A7 TRUE COPY OF THE EMAIL DATED 7/12/2023 SENT BY HR EXECUTIVE, BIRD WORLD WIDE FLIGHT SERVICE TO THE PETITIONER