Shanavas Khan vs State Of Kerala
2023 Latest Caselaw 2778 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        OP(CRL.) NO. 90 OF 2023
   CRIME NO.831/2009 OF Fort Police Station, Thiruvananthapuram
CC 578/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, TRIVANDRUM
PETITIONER/    ACCUSED NO.2 :

            SHANAVAS KHAN,
            AGED 36 YEARS
            S/O SHAJAHAN, R/O SAINABA MANZIL,
            THIRUVALLAM VILLAGE, PACHALLOOR DESOM,
            PACHALLOOR KALPPADAVU ROAD,
            THIRUVANANTHAPURAM, PIN - 695 027

            BY ADVS.
            M.ZIYAD
            SUMODH MADHAVAN NAIR
            T.A.PRAKASH



RESPONDENTS/ STATE & DEFACTO COMPLAINANT :

    1       STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682 031

    2       STATION HOUSE OFFICER,
            FORT POLICE STATION, THIRUVANANTHAPURAM,
            PIN - 695 023

    3       A. ANIL KUMAR,
            S/O APPUKUTTAN PILLAI, SHANTHAMMA NIVAS,
            NEAR THAMBURAN NADA TEMPLE, MEVARKKAL DESOM,
            ALAMKODE VILLAGE, CHIRIYANKEEZHU TALUK,
            THIRUVANANTHAPURAM, PIN - 695 102

            BY SMT.SEETHA S., PUBLIC PROSECUTOR


     THIS     OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 OP(CRL.) NO. 90 OF 2023
                                          2



                        BECHU KURIAN THOMAS, J.
                        --------------------------------
                          O.P.(Crl.) No.90 of 2023
                       ---------------------------------
                     Dated this the 1st day of March, 2023


                                    JUDGMENT

Petitioner seeks for an expeditious disposal of C.C.No.578/2019 on

the files of the Judicial First Class Magistrate's Court-II,

Thiruvananthapuram.

2. On the date of admission, this Court called for a report from the

learned Magistrate. By letter dated 22.02.2023, it has been informed

that C.C.No.578/2019 was initially taken cognizance as C.C.No.236/2010

and petitioner was the 2nd accused therein. However, due to non-

appearance of both accused repeatedly, the case had to be transferred to

the long pending register and thereafter, when the 2 nd accused

surrendered before court on 13.11.2019, the case has been refiled as

C.C.No.578/2019. As against the first accused, the case still remains in

the long pending register. Even thereafter, when the case was posted for

hearing for framing the charge against the petitioner, he remained

absent. Despite all the above, the learned Magistrate observed that eight

months' time is required for disposal of the aforesaid case.

3. Having regard to the report submitted by the learned Magistrate

and noticing the conduct of the petitioner, I am of the view that it is not

proper on the part of this Court to direct an expeditious disposal of the OP(CRL.) NO. 90 OF 2023

case. Therefore, petitioner is not entitled for any direction from this

Court. The learned Magistrate will be at liberty to consider and dispose of

the case in a time bound manner if he so pleases.

The original petition is dismissed with the above observation.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM OP(CRL.) NO. 90 OF 2023

APPENDIX OF OP(CRL.) 90/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE FIR EVIDENCING THE DETAILS OF THE OCCURRENCE DATED 22.09.2009 IN CRIME NO. 831/2009 OF FORT POLICE STATION THIRUVANANTHAPURAM PENDING CONSIDERATION AS C.C. NO. 578/2019 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT - 2, THIRUVANANTHAPURAM

Exhibit P2 TRUE COPY OF THE CHARGE SHEET DATED 22.09.2009 IN CRIME NO. 831/2009 OF FORT POLICE STATION THIRUVANANTHAPURAM PENDING CONSIDERATION AS C.C. NO. 578/2019 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT - 2, THIRUVANANTHAPURAM