Gopalakrishnan vs State Of Kerala
2023 Latest Caselaw 10822 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                         OP(CRL.) NO. 749 OF 2023
   AGAINST THE ORDER/JUDGMENT IN SC 1344/2015 OF II ADDITIONAL
                  DISTRICT COURT,THIRUVANANTHAPURAM
PETITIONER/ACCUSED:

            GOPALAKRISHNAN
            AGED 63 YEARS
            S/O VASU, AKKATHARA VADAKKATHIL HOUSE, CHINGOLI
            VILLAGE, ALAPPUZHA DISTRICT,, PIN - 690532

            BY ADVS.
            HYMA S.
            LISHA.M.G.



RESPONDENTS/STATE & COMPLAINANT:

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

    2       THE DEPUTY POLICE SUPERINTENDENT
            CBCID (CFS), THIRUVANANTHAPURAM, PIN - 695004


OTHER PRESENT:

            SRI.HRITHWIK.C.S, PP




     THIS   OP   (CRIMINAL)     HAVING     COME   UP   FOR   ADMISSION   ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO.749 OF 2023
                                     2

                  P.V.KUNHIKRISHNAN
             ---------------------
                  OP(CRL.) No.749 of 2023
          ---------------------------
           Dated this the 19th day of October, 2023

                              JUDGMENT

This original petition (criminal) is filed with the

following prayers:-

i) Issue appropriate order or direction to the Additional District and Sessions Court-II, Thiruvananthapuram to consider Exhibit-P1 C.M.P. No.1244/2020 in S.C. No.1344/2015 and Exhibit-P2 C.M.P. No.73/2022 in S.C. No.1344/2015 and pass orders on it as expeditiously within such time as may be fixed and directed by this Hon'ble Court;

ii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Original Petition (Crl.), production of English translations of documents in vernacular, may kindly be dispensed with for the time being;

iii) To grant such other reliefs as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case." (SIC)

2. When this original petition (criminal) came up for

consideration, this Court directed the Registry to get a

report from the trial court about the time required to

dispose Exts.P1 and P2 discharge petitions. A detailed

report is filed by the Additional District and Sessions Judge-

II, Thiruvananthapuram. It will be better to extract the OP(CRL.) NO.749 OF 2023

relevant portion of the same, which reads as follows:-

"I took charge as Presiding Officer of this Court on 07.06.2023. This case was came up before me first time on 17.06.2023. On that day I have received a letter from Principal Sessions Judge for the reconstruction of the records. On perusal of the records I find that the original prosecution records have been missed and accordingly an enquiry was ordered. Similarly I have been directed to reconstruct the prosecution records. Thereafter I have conducted enquiry regarding the missing of the records. Similarly for the reconstruction of the records I have issued notice to both parties to produce copies, both certified and non-certified before me for the purpose of reconstruction. I may submit that on production of the copies by the parties concerned, I hope that I could reconstruct the records for the purpose of proceeding the matter further.

In view of the above circumstances I humbly submit that on reconstruction of the records I hope that I could dispose both the aforementioned CMPs within one month. The above facts submitted to the Hon'ble High Court for kind consideration."

In the light of the above submission, I think this

original petition (criminal) can be disposed of directing to

dispose the discharge petitions within one month from the

date on which the reconstruction of records are over. OP(CRL.) NO.749 OF 2023

Therefore, this original petition (criminal) is disposed of

directing the Additional District and Sessions Judge-II,

Thiruvananthapuram to reconstruct the records forthwith

and to dispose Exts.P1 and P2 discharge petitions as

expeditiously as possible, at any rate, within one month

from the date on which the records are reconstructed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng OP(CRL.) NO.749 OF 2023

APPENDIX OF OP(CRL.) 749/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF C.M.P. NO.1244/2020 IN S.C. NO.1344/2015 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS COURT- II, THIRUVANANTHAPURAM DATED 22.10.2020

Exhibit P2 TRUE COPY OF C.M.P. NO.73/2022 IN S.C.

NO.1344/2015 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS COURT-II, THIRUVANANTHAPURAM DATED 11.1.2022