Citation : 2024 Latest Caselaw 5470 Ker
Judgement Date : 16 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA,
1945
CRL.MC NO. 950 OF 2024
CRIME NO.822/2010 OF SOORANADU POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CC 1293/2016 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT - II, SASTHAMCOTTA
PETITIONER/ACCUSED :
SURESH KUMAR, AGED 49 YEARS
MUDIGIL PADINJATTETHIL,
AYIKKUNNAM, SOORANAD P.O.,
KUNNATHUR, KOLLAM DISTRICT, PIN - 690 522.
BY ADV BABU S. NAIR
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682 031.
2 THE STATION HOUSE OFFICER
SOORANAD POLICE STATION,
KOLLAM DISTRICT, PIN - 690 522.
3 ADDL.R3
SUNILKUMAR
MUDUYIL THAZHATHIL VEETTIL, , AYIKKUNNAM
MURI, SOORANADU SOUTH VILLAGE, KOLLAM., IS
IMPLEADED AS PER ORDER DATED 16.02.2024 IN
CRL.M.A.NO.1/2024.
BY ADV S.JAYANT
SRI. T.R. RANJITH (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 950 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.950 of 2024
...................................................
Dated this the 16th day of February, 2024
ORDER
Petitioner seeks for an expeditious disposal of C.C.No.1293/2016
pending on the files of the Judicial First Class Magistrate Court
(Temporary), Sasthamcotta; in a time bound manner.
2. When the matter came up for consideration, this Court called for
a report from the learned Magistrate. By communication dated
15.02.2024, it has been informed that the trial has already
commenced and three witnesses are remaining to be examined,
and also that a period of six months is required to compleate the
trial of the case.
3. The learned counsel for the petitioner submitted that, in 2017,
this Court had directed the case to be disposed of along with the
counter case (C.C.No.1149/2016), within a time frame of six
months, and despite the said order, the matter is still pending. He
further submitted that a direction should be issued to dispose of CRL.MC NO. 950 OF 2024
both cases in a time bound manner.
4. In view of the above, there will be a direction to the Judicial
First Class Magistrate Court (Temporary), Sasthamcotta, to dispose
of C.C.No.1293/2016 and C.C.No.1149/2016, as expeditiously as
possible, at any rate, within a period of six months from the date
of receipt of a certified copy of this order.
5. Since the earlier direction of this Court, a copy of which is
produced as Annexure-A1, has not been complied with, it is
specifically directed that the learned Magistrate shall, without fail,
dispose of the said two cases within the time stipulated above.
The Crl.M.C. is disposed of.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/19/02/2024 CRL.MC NO. 950 OF 2024
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE ORDER IN CRL.M.C.NO.5246/2020 DATED, 17-1-2023 OF THIS HON'BLE COURT
RESPONDENT ANNEXURES
ANNEXURE A1 A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN CRL MC NO 7143 OF 2017 DATED 07TH DAY OF NOVEMBER 2017.
ANNEXURE A2 A TRUE COPY OF THE JUDGMENT IN OP(CRL) NO 845 OF 2023 OF THIS HON'BLE COURT DATED 07-11-2023
TRUE COPY
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