Shibu vs State Of Kerala
2023 Latest Caselaw 12439 Ker

Kerala High Court

Shibu vs State Of Kerala on 22 November, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                    WP(CRL.) NO. 1125 OF 2023
   CRIME NO.755/2009 OF NEDUMBASSERY POLICE STATION, Ernakulam
PETITIONER(S):

          SHIBU
          AGED 52 YEARS
          S/O BHASUSRANGAN, THUNDIL HOUSE, CHAVADIMUKKIL,
          VARKALA P.O, THIRUVANANTHAPURAM, PIN - 695141
          BY ADVS.
          C.R.JAYAKUMAR
          M.RAJESH


RESPONDENT(S):

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
    2     THE SUB INSPECTOR OF POLICE
          NEDUMBASSERY POLICE STATION NEDUMBASSERY P.O,
          ERNAKULAM, PIN - 683585


          BY ADV.SMT. SREEJA V., PP



     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.)No.1125 of 2023


                                2


              P.V.KUNHIKRISHNAN, J.
             ------------------------------
            W.P.(Crl.)No.1125 of 2023
     ----------------------------------------------
    Dated this the 22nd day of November, 2023


                        JUDGMENT

This Writ Petition (Crl.) is filed with the following

prayers:

"a) To issue a Writ of Mandamus or any other appropriate writ, order or calling for the records of Exhibit-P1 and quash the same.

b) Dispense with filing of the translation of vernacular documents.

c) Any other appropriate writ, order or direction, this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs."

2. Ext.P1 is the final report pending against the

petitioner before the Judicial First Class Magistrate

Court, Angamaly as C.C.No.1049/2016. Since it is a

Calender Case pending from 2016 onwards, this Court

was not inclined to quash the proceedings and this

Court directed the Registry to get a report about the

time required to dispose of the main case. The learned

Magistrate submitted a report in which it is stated that

the case can be dispose of within six months. In the

light of the above report, this Writ Petition (Crl.) itself

can be disposed of.

Therefore, this Writ Petition (Crl.) is disposed of

directing the Judicial First Class Magistrate Court,

Angamaly to dispose of C.C.No.1049/2016 as

expeditiously as possible, at any rate, within a period

of six months from the date of receipt of a stamped

certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE

APPENDIX OF WP(CRL.) 1125/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 755/2009 OF NEDUMBASSERY POLICE STATION DATED 22.04.2009 EXHIBIT P2 THE TRUE COPY OF THE PROCEEDINGS OF THE JFMC, ANGAMALY IN CC NO.

1049/2016 OBTAINED FROM E-COURTS

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE