Balu vs State Of Kerala
2023 Latest Caselaw 5879 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. 306 OF 2023
IN C.C.NO.933/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
                        III,TRIVANDRUM


PETITIONERS/ACCUSED NOS. 1 TO 5:

    1      BALU
           AGED 26 YEARS
           S/O. BABU,
           KUKKURUNI THOTTINKARA HOUSE,
           VANDANOOR DESOMT, PERUMBAZHUTHOOR VILLAGE,
           NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695126

    2      ANOOP
           AGED 26 YEARS
           S/O. MOHANAN,
           KALARIKKONKTHU MELE PUTHEN VEEDU,
           VANDANOOR DESOMT, PERUMBAZHUTHOOR VILLAGE,
           NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695126

    3      ARUN
           AGED 25 YEARS
           S/O. BABU,
           KUKKURUNI THOTTINKARA HOUSE,
           VANDANOOR DESOMT, PERUMBAZHUTHOOR VILLAGE,
           NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695126

    4      ANANTHU
           AGED 26 YEARS
           S/O. AYYAPPAN ASARI,
           ELLUVILA VEEDU, ARAYOOR DESOM NEYYATTINKARA,
           THIRUVANANTHAPURAM., PIN - 695126

    5      AJITH
           AGED 26 YEARS
           S/O. ANTONY,
           ANTO BHAVAN,
           AMARAVIL DESOM, KOLLAYIL VILLAGE,
          NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695126

         BY ADVS.
         K.K.DHEERENDRAKRISHNAN
         N.P.ASHA


RESPONDENT/STATE:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

         BY ADV
         SMT.SREEJA V
         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.306 of 2023

                                         3




                      BECHU KURIAN THOMAS, J.
                   =======================
                        O.P (Crl.) No.306 of 2023
                  ========================
                    Dated this the 24th day of May, 2023


                               JUDGMENT

Petitioner seeks for an expeditious disposal of

C.C. No.933/2018 on the files of the Judicial First Class Magistrate

Court-III, Thiruvananthapuram.

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

the learned Magistrate as to the time line required for disposing of the

aforesaid case. By communication dated 26.04.2023, it is informed

that a period of six months is required to dispose of the case. It is

also informed that there are several cases which have already been

specifically directed to be disposed of and that even those matters are

still pending.

3. Having regard to the pendency of cases before the said

Court and also the date of registration of the crime, I am of the view

that a period of 12 months can be fixed as the outer time limit to

dispose of the aforementioned case.

4. In the above circumstances, there will be a direction to the

Judicial First Class Magistrate Court-III, Thiruvananthapuram, to O.P(Crl.) No.306 of 2023

dispose of C.C.No.933/2018, pending on its files as expeditiously as

possible, at any rate, within a period of 12 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.306 of 2023

APPENDIX OF OP(CRL.) 306/2023

PETITIONERS' EXHIBITS Exhibit-P1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 673/2018 OF CANTONMENT POLICE STATION.

Exhibit-P2 A TRUE COPY OF THE ORDER DATED 16.04.2021 IN CMP NO. 960/2020 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM.

Exhibit-P3 A TRUE COPY OF THE ORDER DATED 20.07.2022 IN CRL RP.NO. 35/2022 PASSED BY ADDITIONAL SESSIONS JUDGE-VII, THIRUVANANTHAPURAM.

Exhibit-P4 TRUE COPY OF THE ADMISSION TICKET NO 109678 AND MAIN LIST PUBLISHED BY PSC