Rajesh Kumar vs State Of Kerala
2023 Latest Caselaw 9777 Ker

CRL.MC NO. 3833 OF 2023             1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                          CRL.MC NO. 3833 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 2820/2021 OF SPECIAL COURT OF
JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138
                   NI ACT(JMFC XI), THIRUVANANTHAPURAM
PETITIONER/S:
          RAJESH KUMARAGED 37 YEARSS/O.RAJENDRAN,
          STHUTHIVEEDU, IRAPPUKUZHY,KUDAPPANAKUNNU,
          PEROORKADA P.O, THIRUVANANTHAPURAM, PIN - 695005

              BY ADV K.L.LAKSHMI RANI


RESPONDENT/S:
    1     STATE OF KERALA1. REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

      2       THE STATION HOUSE OFFICER,2. PEROORKADA POLICE
              STATION, PEROORKADA.P.O. THIRUVANANTHAPURAM, PIN -
              695005


OTHER PRESENT:
          VIPIN NARAYAN


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3833 OF 2023            2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Crl.M.C. No. 3833 of 2023
                    --------------------------------------
            Dated this the 13th day of September, 2023


                               ORDER

The above Crl.M.C. is filed with following prayers :

"To quash Annexure-A1 FIR and Annexure-A7 final report in CC No. 2820/2021 on the files of the Judicial Magistrate of First Class-XI, Thiruvananthapuram in the interest of justice and equity." [SIC]

2. Even though several contentions are raised by the

petitioner to quash the proceedings, this Court is of the

opinion that this Crl.M.C. itself can be disposed of directing

the lower court to dispose the main case itself. This Court

directed the Registry to get a report and the learned

Magistrate submitted the report and the same is extracted

hereunder :

"With reference to the above, I most humbly submit the following:- The Calendar Case CC No. 2820/2021 pending before this court is a case taken on file upon a police report

filed by SHO, Peroorkkada Police Station in crime No. 57/2021 alleging commission of offence punishable U/s. 118(a) of the Kerala Police Act.

In this case, the informant is a Doctor named Anilkumar, Deputy Director & Superintendent, of Mental Health Centre Peroorkkada, Thiruvananthapuram. The accused is Rajeshkumar S/o Rajendran, Sthuthiveedu, Eruppukuzhi, Kudappanakunnu. The summons was ordered in this case and thereafter the case was posted to 15-03-2021. The proceedings on 15.03.2021 would show that the case was adjourned to 22-06-2022. This is not a case included in the target case. From that day onwards the case is being adjourned continuously and the case is posted on 05.06.2023. I assumed the charge of this Court on 20.05.2023. Now, the case is posted to 05.06.2023. Since the case was adjourned continuously, I proposed to issue a fresh summons to the accused on that day. A total of 9 (nine) witnesses were cited as prosecution witnesses in this case. Therefore, I assure your good self that if the Hon'ble High Court does not direct otherwise this Court will certainly dispose of the matter within 6 months upon the appearance of the accused."

3. The above report is dated 31.05.2023. On that day,

the learned Magistrate observed that 9 witnesses were cited

by the prosecution and the court will be able to dispose the

case by six months. Now, four months already over.

Therefore, there can be a direction to dispose the matter

within two months.

Therefore, this Crl.M.C. is disposed of with the following

directions :

1) There can be a direction to the Judicial First Class

Magistrate Court-XI, Thiruvananthapuram to dispose CC

No. 2820/2021 as expeditiously as possible, at any rate,

within two months from the date of receipt of a certified

copy of this order.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 3833/2023 PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

0057/2021 ON THE FILES OF THE PEROORKADA POLICE STATION.DATED 15/01/2021

Annexure A2 TRUE COPY OF THE COMPLAINT DATED 15/01/2021 SUBMITTED BY THE SUPRINNDENT OF MENTAL HEALTH CENTRE,PEROORKADA.

Annexure A3 A TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE PROFESSOR, GOVT. AYURVEDA COLLEGE, THIRUVANANTHAPURAM(RTD) DATED 02/05/2019.

Annexure A4 TRUE COPY OF THE PRESCRIPTION ISSUED BY THE PROFESSOR, GOVT. AYURVEDA COLLEGE, THIRUVANANTHAPURAM(RTD) DATED 01/01/2021.

Annexure A5 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE PROFESSOR, GOVT. AYURVEDA COLLEGE, THIRUVANANTHAPURAM(RTD) DATED 16/01/2021.

Annexure A6 TRUE COPY OF THE ORDER IN CRL. M. C. NO.

2185/2021 BEFORE THE HON'BLE HIGH COURT OF KERALA DATED 23/06/2022 .

Annexure A7 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.2820/2021 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-XI, THIRUVANANTHAPURAM.