Citation : 2023 Latest Caselaw 11755 Ker
Judgement Date : 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
OP(CRL.) NO. 865 OF 2023
CRIME NO.219/2023 OF HARIPPAD POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT CC 699/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS- I, HARIPAD
PETITIONER(S)/ACCUSED:
PRADEEPKUMAR
AGED 35 YEARS, SON OF PARAMESWARAN, PUNOOR
MADOM, THULAMPARAMBU, NORTH MURI, MANNARASALA,
ALAPPUZHA DISTRICT, PIN - 690514
BY ADV ALEX K.JOHN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI HRTHWIK CS, PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO.865 OF 2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
OP(Crl.) No.865 of 2023
----------------------------------------------
Dated this the 16th day of November, 2023
JUDGMENT
This Original Petition(Crl.) is filed with the
following prayers;
"(a) To give direction to the Hon'ble JFCM Court -1, Haripad for expediting the trial of C.C.No.699/2023 pending before the Hon'ble Judicial First Class Magistrate Court -1, Haripad.
(b) To issue such other writ or order or direction in favour of the petitioner as this Hon'ble Court may deem fit in the facts, circumstances and the law involved in the case, in the interest of justice."
2. It is submitted that the petitioner is
included in the rank list published by the Public OP(CRL.) NO.865 OF 2023
Service Commission for the post of Police
Constable. Therefore, unless the case pending
against the petitioner is disposed expeditiously,
he will loose his job. If that be the case, the
petitioner can file a petition before the Judicial
First Class Magistrate Court - I, Haripad for taking
up this matter out of turn narrating the reasons
for the same. If such a petition is filed, there can
be a direction to the learned Magistrate to
consider the same.
Therefore, this Original Petition(Crl.) is
disposed of with the following directions:
i. The petitioner is free to submit a
petition before the Judicial First Class
Magistrate Court - I, Haripad for an out of
turn trial of C.C. No.699/2023, narrating the OP(CRL.) NO.865 OF 2023
reasons mentioned in this Original
Petition(Crl.), within a period of one week
from the date of receipt of a copy of this
judgment.
ii. If such a petition is filed, the learned
Magistrate will consider the same and pass
appropriate orders in it, within a period of
one week from the date of receipt of the
petition.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE OP(CRL.) NO.865 OF 2023
APPENDIX OF OP(CRL.) 865/2023
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.219/2023 DATED 21.03.2023 OF HARIPAD POLICE STATION EXHIBIT P2 TRUE COPY OF THE FINAL CHARGE OF CRIME NO. 219/2023 DATED 15.04.2023 OF HARIPAD POLICE.
EXHIBIT P3 TRUE COPY OF THE 1ST, 2ND, 20TH, 49TH AND 50TH PAGES OF RANK LIST PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION .
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
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