Akhil Raj Pallissery vs The State Of Kerala
2023 Latest Caselaw 5881 Ker

Citation : 2023 Latest Caselaw 5881 Ker
Judgement Date : 24 May, 2023

Kerala High Court

Akhil Raj Pallissery vs The State Of Kerala on 24 May, 2023

               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. 154 OF 2023
  AGAINST THE ORDER/JUDGMENTST 28/2021 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I,KOTTARAKKARA
PETITIONER/ACCUSED:

            AKHIL RAJ PALLISSERY,
            AGED 38 YEARS
            S/O. K.S.REHNAKUMAR, RESIDING AT ARANYA NIVAS, VENDAR,
            KOTTRAKKARA, P.O. KOLLAM DISTRICT, PIN - 691307
            BY ADVS.
            V.PREMCHAND
            SURYA MOHAN P.
            FATHIMA SHALU S.


RESPONDENTS/COMPLAINANT:

    1       THE STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, AT ERNAKULAM, PIN - 682031
    2       THE STATION HOUSE OFFICER,
            KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, PIN -
            691506
OTHER PRESENT:

            PP SRI.NOUSHAD K.A


     THIS    OP   (CRIMINAL)   HAVING      COME   UP   FOR   ADMISSION   ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 154 OF 2023
                                   2

                 BECHU KURIAN THOMAS, J.
                 -----------------------------------------
                    O.P. (Crl) No.154 of 2023
                  ----------------------------------------
              Dated this the 24th day of May, 2023


                            JUDGMENT

Petitioner is the accused in S.C. No.28/2021 on the files of the

Judicial First Class Magistrate's Court-I, Kottarakkara alleging

offences punishable under Section 279 of the Indian Penal Code,

1860, apart from Section 185 of the Motor Vehicle Act, 1988.

2. The learned counsel for the petitioner submitted that since

the petitioner is required to travel abroad for employment, the

pendency of this case is a burden and therefore unless the case is

disposed of at the earliest petitioner would be prejudiced.

3. Though the alleged reason put forth by the petitioner may be

genuine, I am of the view that considering the date of registration of

the crime, which was only in November 2020; and cognizance have

been taken only in 2021, it would not be proper for this Court to issue

a direction to the trial court to dispose of the matter in a time bound

manner, overlooking the claims of several other cases filed prior to

2021. The covid-19 pandemic which had created disarray in the

disposal of the cases, before the trial Courts is also a fact that should OP(CRL.) NO. 154 OF 2023

weigh in mind of this Court. Therefore, I decline to exercise the

jurisdiction to issue a direction to dispose of the case expeditiously.

4. However, having regard to the reason stated by the learned

counsel for the petitioner, I am of the view that despite this Courts

refusal to issue a direction, it will be open to the petitioner to

approach the learned Magistrate itself with a prayer for earlier

disposal of the case and if the circumstances warrant the learned

Magistrate will be free to give priority if the reasons stated are found

satisfactory.

With the observations, this original petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM OP(CRL.) NO. 154 OF 2023

APPENDIX OF OP(CRL.) 154/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE CHARGE SHEET DATED 06-01-2021 BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA Exhibit-P2 A TRUE COPY OF THE AGREEMENT DATED 01-