Ramlal. V.R vs State Of Kerala
2023 Latest Caselaw 11473 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17TH KARTHIKA, 1945
                     CRL.MC NO. 8713 OF 2023
     CRIME NO.288/2017 OF Ernakulam Central Police Station,
                             Ernakulam
       AGAINST THE ORDER/JUDGMENT CC 788/2019 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS -II, ERNAKULAM
PETITIONER/S:

            RAMLAL. V.R, AGED 33 YEARS
            S/O RAMACHANDRAN, VALIYAVEETTLE HOUSE,
            THOTTUMUGHAM PO, MALAYANKADU, ALUVA THALUK,
            KEEZHMADU VILLAGE ERNAKULAM DISTRICT., PIN -
            683105
            BY ADVS.
            GEETHU S.S.
            APPU AJITH
            CHACKOCHEN VITHAYATHIL
            ALTHAF NABEEL
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM THROUGH THE C.I. OF POLICE,
          CENTRAL POLICE STATION, ERNAKULAM, PIN - 682031
    2     ARUN KUMAR
          EX. ERANAKULAM DISTRICT SECRETARY OF DYFI, AGED
          43 YEARS, D/O SHIVA SHANGARAN NAIR , HOUSE NO.
          12/2174, KALLAKKAL VEEDU, NELLADU, MAZHUVANNOOR
          VILLAGE, KUNNATH NADU THALUK, ERNAKULAM
          DISTRICT., PIN - 686721
OTHER PRESENT:
          SMT SREEJA V, PP
       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    08.11.2023,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                        -2-
Crl.M.C No. 8713 of 2023


                               P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                 Crl.M.C No. 8713 of 2023
                           =============================================================

                   Dated this the 8th day of November, 2023

                                                 ORDER

The petitioner is the accused in CC No.788 of 2019 on the file

of the Judicial First Class Magistrate Court-II, Ernakulam, arising

from Crime No.288 of 2017 of Ernakulam Central Police Station,

Ernakulam. The above case is charge sheeted alleging offences

punishable under sections 143, 147, 427 read with 149 IPC. The

prosecution case is that the accused formed themselves into an

unlawful assembly and committed mischief.

2. The case of the petitioner is that even if the entire

allegations are accepted, no offence is made out. The petitioner is the

9th accused. No specific overt act is attributed to the 9 th accused. It is

also submitted that the petitioner is included in the rank list of the

Public Service Commission for the post of Fire & Rescue Officer. In

such circumstances, this Court directed the Registry to get a report

from the trial court about the time required to dispose of the matter.

Crl.M.C No. 8713 of 2023

The learned Magistrate submitted a report in which it is stated that six

months time is necessary.

3. Considering the fact that the petitioner's name is included

in the rank list of the Public Service Commission, I am of the

considered opinion that the learned Magistrate should try to dispose of

the matter, within three months itself.

Therefore, this Crl.M.C is disposed of directing the Judicial First

Class Magistrate Court -II, Ernakulam to dispose of CC No.788 of

2019 as expeditiously as possible, at any rate, within three months

from the date of receipt of a certified copy of this order.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

Crl.M.C No. 8713 of 2023

APPENDIX OF CRL.MC 8713/2023

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE CASUALTY REGISTRATION CARD OF GENERAL HOSPITAL, ERNAKULAM DATED 27-1-2017 Annexure A2 THE TRUE COPY OF THE DISCHARGE SUMMARY OF CITY HOSPITAL ERNAKULAM DATED 28-1-

Annexure A3 TRUE COPY OF THE APPLICATION BEFORE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM FOR REMOVING THE NAME OF THE PETITIONER FROM ACCUSED LIST DATED 10/03/2018 Annexure A4 THE CERTIFIED COPY OF THE CHARGE SHEET DATED 30-1-2017 Annexure A5 THE CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO 288/2017 ERNAKULAM CENTRAL POLICE STATION DATED 28-1-2017 Annexure A6 THE CERTIFIED COPY OF F.I.S STATEMENT IN CRIME NO 288/2017 OF ERNAKULAM CENTRAL POLICE STATION