Ansheer C H vs State Of Kerala
2023 Latest Caselaw 5864 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   OP(CRL.) NO. 228 OF 2023
    IN C.C.NO.193/2016 OF JUDICIAL MAGISTRATE OF FIRST
                     CLASS ,SULTHAN BATHERY


PETITIONERS/ACCUSED:

    1      ANSHEER C H
           AGED 31 YEARS
           S/O HAKKEEM,
           CHOLAYIL HOUSE,
           CHULLIYODE POST, NENMENI,
           SULTHAN BATHERY WAYANAD DISTRICT, PIN - 673592

    2      SALIM P.S
           AGED 40 YEARS
           S/O ABU,
           POOKKOTTUTHODI HOUSE,
           CHULLIYODU POST, NENMENI,
           SULTHAN BATHERY WAYANAD DISTRICT, PIN - 673592

    3      JAMSHEER ALIAS KUNHIPPA
           AGED 36 YEARS
           S/O BASHEER,
           EDAKKADAN HOUSE,
           CHULLIYODE POST, NENMENI,
           SULTHAN BATHERY WAYANAD DISTRICT, PIN - 673592

           BY ADVS.
           JIKKU SEBAN GEORGE
           DEEPTI SUSAN GEORGE
           P.D.SAJI


RESPONDENTS/STATE:

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031
     2    THE STATION HOUSE OFFICER
         AMBALAVAYAL POLICE STATION,
         AMBALAVAYAL, WAYANAD, PIN - 673593

         BY ADV
         C.N PRABHAKARAN
         PUBLIC PROSECUTOR


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P(Crl.) No.228 of 2023

                                        3




                      BECHU KURIAN THOMAS, J.
                   =======================
                        O.P (Crl.) No.228 of 2023
                  ========================
                    Dated this the 24th day of May, 2023


                               JUDGMENT

Petitioners are the accused in C.C. No.193/2016 on the files of

the Judicial First Class Magistrate Court-I, Sulthan Bathery, Wayanad

District. They seek for a direction to dispose of the aforesaid case in

a time bound manner.

2. When the matter came up for admission, this Court directed

instructions to be obtained from the learned Magistrate. By

communication dated 24.03.2023, it is informed that a period of eight

months is required to dispose of the case. It is also informed through

the said communication that there is absence of Prosecutor in the said

court, which could delay the disposal of the case.

3. The learned counsel for the petitioners submitted that on

19.04.2023, a Public Prosecutor has been appointed and therefore

there is no difficulty in disposing of the case in a time bound manner.

4. Having regard to the circumstances mentioned above, I am

of the view that a period of ten months can be granted to dispose of

the aforementioned case.

5. Hence, there will be a direction to the Judicial First Class O.P(Crl.) No.228 of 2023

Magistrate Court-I, Sulthan Bathery, to dispose of C.C.No.193/2016,

pending on its files as expeditiously as possible, at any rate, within a

period of ten months from the date of receipt of a copy of this

judgment.

Original petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/24.05.23.

O.P(Crl.) No.228 of 2023

APPENDIX OF OP(CRL.) 228/2023

PETITIONERS EXHIBITS Exhibit P1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 09.11.2015 IN CRIME NO. 670/2015 OF AMBALAVAYAL POLICE STATION IN WAYANAD DISTRICT.

Exhibit P2 CERTIFIED COPY OF FINAL REPORT IN C.C NO. 193/2016 DATED 06.03.2016 BEFORE THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATES COURT -I, SULTHAN BATHERY.

Exhibit P3 A TRUE COPY OF THE A DIARY AS OBTAINED FROM THE E COURTS - OFFICIAL WEBSITE OF THE DISTRICT COURT.