V Ajikumar vs State Of Kerala
2023 Latest Caselaw 11201 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       CRL.MC NO. 7183 OF 2023
AGAINST THE ORDER/JUDGMENT IN SC 1038/2013 OF ADDITIONAL DISTRICT
                 COURT (ADHOC)-II, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.3:

          V AJIKUMAR
          AGED 50 YEARS
          TC NO 29/253, THENGAPURACKAL LANE, VANCHIYOOR VILLAGE,
          PALKULANGARA BHAGAM, THIRUVANANTHAPURAM, PIN - 695035

          BY ADVS.
          K.S.ARUNDAS
          ABIJITH.K
          AMBILY JOSHY



RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

    2     MOHANAN
          AGED 57 YEARS
          S/O KRISHNANKUTTY, TC 28/297, VATTUVILAKATH HOUSE,
          SREEVELI NAGAR, PALKULANGARA, THIRUVANANTHAPURAM, PIN -
          695035


OTHER PRESENT:

          SRI HRITHWIK, PP




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7183 OF 2023


                                   2


                  P.V.KUNHIKRISHNAN
             ---------------------
                 CRL.MC No. 7183 OF 2023
          ---------------------------
           Dated this the 27th day of October, 2023

                               ORDER

This Crl.MC is filed with the following prayer:-

"to call for the records leading to Annexure-1 FIR and Annexure 2 final report as against the petitioner, pending trial before the Honourable 2nd Additional Sessions Court, Trivandrum as SC No 1038/2013 by invoking section 482 of Cr.PC and quash the same in the interest of justice."

2. When this Crl.MC came up for consideration, this

court directed the Registry to get a report from the trial

court about the time required to dispose the main case

itself. A report is submitted. The relevant portion is

extracted hereunder:-

"The said case is registered against the accused alleging commission of offence punishable u/s. 143,147,148,452,341,324,307 t/w.S.149 of the IPC and Sec.27 of the Arms Act.

Gist of the prosecution case is that the accused who are the sympathisers of the political faction CPM to wreak vengeance against the CRL.MC NO. 7183 OF 2023

defacto complainant, who is a follower of organisation of R.S.S attacked him at 12.00 p.m on 19/04/200 and attempted to commit his murder.

I may respectfully report that altogether there are 8 accused in this case and among them the sixth accused passed away during the pendency of the case. Since the 7th accused went into hiding the case against the 7th accused is split up. The 8th accused Krishna Kumar is undergoing judicial custody in another case.

I may respectfully report that since the 8 th accused was in judicial custody, I have taken the case in my court and on 26/7/2023 1 scheduled the case for trial, but no witness appeared on the day on which the case was posted for the examination of witnesses and it was informed that the case is now pending before the Hon'ble High Court of Kerala for consideration.

I may respectfully report that 31 witnesses are to be examined in this case and since there is no regular sitting in the Additional Assistant Sessions Court -II, Thiruvananthapuram a time span of eight months may kindly be granted for disposing the case."

3. From the above, it is clear that the Additional

Assistant Sessions Judge assured that the case can be

concluded within eight months.

4. In such circumstances, this court need not CRL.MC NO. 7183 OF 2023

entertain a petition under Section 482 Cr.PC petition to

quash the proceedings and there can be a direction to the

trial court to dispose the matter expeditiously.

Therefore, this Crl.MC is disposed of directing the

Additional Assistant Sessions Court-II, Thiruvananthapuram

to dispose S.C.No.1038/2013 as expeditiously as possible,

at any rate, within eight months from the date of receipt of

a certified copy of this order.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng CRL.MC NO. 7183 OF 2023

APPENDIX OF CRL.MC 7183/2023

PETITIONER ANNEXURES

Annexure 1 A CERTIFIED COPY OF THE FIR IN CRIME NO 127/2008 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM

Annexure 2 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 127/2008 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM.

Annexure 3 A CERTIFIED TRUE COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF APRIL 2008 ISSUED BY THE GENERAL SECRETARY, KERALA STATE COUNCIL FOR CHILD WELFARE, THIRUVANANTHAPURAM.