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Suresh Kumar vs State Of Kerala
2024 Latest Caselaw 5470 Ker

Citation : 2024 Latest Caselaw 5470 Ker
Judgement Date : 16 February, 2024

Kerala High Court

Suresh Kumar vs State Of Kerala on 16 February, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       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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