Muhammad Siraj vs State Of Kerala
2023 Latest Caselaw 3610 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                       OP(CRL.) NO. 272 OF 2023
AGAINST THE ORDER/JUDGMENTCMP 2325/2021 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I, ALAPPUZHA
PETITIONER/DEFACTO COMPLAINANT:

            MUHAMMAD SIRAJ
            AGED 32 YEARS
            S/O RAJU, RESIDING AT THAIPARAMBIL HOUSE, VAZHICHERRY
            WARD, ALAPPUZHA., PIN - 688001
            BY ADVS.
            C.R.SANISH
            KARTHIK S. ACHARYA


RESPONDENTS/STATE AND ACCUSED 1 TO 3:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, COCHIN., PIN - 682031
    2       MUHAMMAD FIRDOUS
            AGED 40 YEARS
            S/O MUHAMMAD SALI, PUTHANVELI, VANDANAM P,O.
            ALAPPUZHA., PIN - 688005
    3       HAMSATH BEVI
            AGED 62 YEARS
            W/O MUHAMMAD SALI, PUTHANVELI, VANDANAM P.O.
            ALAPPUZHA., PIN - 688005
    4       HASEEM MARAKKAR
            AGED 52 YEARS
            MARAKKAR FILMS, MUNDAKKYAM, KOTTAYAM., PIN - 686513
OTHER PRESENT:

            PP SREEJA V


     THIS    OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 272 OF 2023
                                    2

                  BECHU KURIAN THOMAS, J.
                  -----------------------------------------
                      O.P.(Crl) No.272 of 2023
                   ----------------------------------------
              Dated this the 29th day of March, 2023


                             JUDGMENT

Petitioner seeks for a direction for expeditious disposal of

C.C.No.90/2022 pending before Judicial First Class Magistrate's

Court-Alappuzha. The crime is of the year 2021 and cognizance was

taken only in 2022.

2. Even though petitioner has a grievance, the circumstances do

not justify a priority to be given to the case of the petitioner. Cases in

which cognizance was taken earlier in point of time has to be given

priority unless any special circumstances are pointed out. No such

circumstance exist.

3. Hence, I am of the view that the request for expeditious

disposal is not justifiable at the present moment. Therefore, reserving

the liberty of the petitioner to approach this Court again later, this

original petition is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM OP(CRL.) NO. 272 OF 2023

APPENDIX OF OP(CRL.) 272/2023

PETITIONER EXHIBITS Exhibit P1 CERTIFIED COPY OF THE FIR AND FIS (CMP 2325/2021 FILED BEFORE THE JFCM -I, ALAPPUZHA) Exhibit P2 CERTIFIED COPY OF THE FINAL CHARGE FILED BEFORE JFCM -I, ALAPPUZHA IN CC NO. 90/2022

//TRUE COPY//