P.C.Premachandran vs The State Of Kerala
2024 Latest Caselaw 4297 Ker

Kerala High Court

P.C.Premachandran vs The State Of Kerala on 1 February, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
          Thursday, the 1st day of February 2024 / 12th Magha, 1945
                            CRL.MC NO.1308 OF 2014
    CC 386/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS,PAYYANNUR, KANNUR
PETITIONER/ACCUSED:

     P.C.PREMACHANDRAN,
     PUTHIYAURAYIL HOUSE,
     KODIYERI AMSOM,
     P.O.PARAL THALASSERY.

RESPONDENT/COMPLAINANT & STATE:

     THE STATE OF KERALA
     REP. BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM- 682 031.


     This Criminal Misc. case coming on for orders, upon persuing the
petition, etter dated 09/01/2024 from the Judicial Magistrate of the First
Class, Payyanur and this court's final order dated 14/06/2023 and order
dated 10.10.2023 in Crl.M.C.No.1308/2014 therein and upon hearing the
arguments of SMT.K.DEEPA (PAYYANUR), Advocate for the petitioner and of
the PUBLIC PROSECUTOR for the respondent, the court passed the following:




                                                                    P.T.O.
 Crl.M.C.No.1308 of 2014                 1




                                  V.G.ARUN J.
                                 -----------------------
                              Crl.M.C.No.1308 of 2014
                               ------------------------
                      Dated this the 1st day of February 2024

                                  ORDER

By order dated 14/06/2023, the Crl.M.C. was disposed of

directing the Judicial First Class Magistrate, Payyannur to complete

the trial and render judgment in CC No.386/2011 within three

months of receipt of a copy of that order.

2. Later, by letter dated 19/09/2023, the learned Magistrate

requested for extension of the time limit by six months and the

time limit was extended by four months.

3. Now, as per letter dated 09/01/2024, it is again requested

to extend the time limit by a further period of five months. In the

letter, it is stated that out of the 36 persons cited as witnesses in

the memo of charges, almost all witness are examined and only

the evidence of Cws' 33 and 34 and cross examination of

CW32/PW24 is to be completed. The difficulty in securing the

presence of those witnesses is stated to be the reason for the

delay in disposing of the case.

The case being of the year 2011, it is incumbent upon the

learned Magistrate to take sincere efforts to dispose of the matter,

especially when the direction in that regard has already been

issued by this Court. Even then, taking into account the efforts so

far taken, the time limit for disposal of the case is extended by a

further period of four months.

Sd/-

V.G.ARUN JUDGE dpk

01-02-2024 /True Copy/ Assistant Registrar