Kerala High Court
Khaleel A.K 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
OP(CRL.) NO. 146 OF 2024
CRIME NO.775/2020 OF CHITTARIKAL POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT IN CC 258/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,HOSDRUG
PETITIONERS/ACCUSED NOS. 1 TO 5:
1 KHALEEL A.K
AGED 37 YEARS
S/O.KUNHABDULLA, RESIDING AT ANJILLATH KUPPIRAYIL
HOUSE, ARIYANKALLU, BEEMANADI VILLAGE,
VELLARIKUNDU TALUK, KASARAGOD DISTRICT, PIN - 671314
2 MUHAMMADALI M
AGED 34 YEARS
S/O.RUKIYA, RESIDING AT MOULAKIRIYATHU HOUSE,
AMBILERI, BEEMANADY VILLAGE, VELLARIKUNDU TALUK,
KASARAGOD DISTRICT, PIN - 671314
3 ABDUL KHADER A.G
AGED 31 YEARS
S/O.KUNHABDULLA, RESIDING AT KUPPARA HOUSE,
KAKKADAVU, BEEMANADY VILLAGE, VELLARIKUNDU TALUK,
KASARAGOD DISTRICT, PIN - 671314
4 RASHID P.M
AGED 30 YEARS
S/O.MUSTHAFA, RESIDING AT PATHAKUTHIKKAL HOUSE,
ARIYANKALLU, BEEMANADY VILLAGE, VELLARIKUNDU TALUK,
KASARAGOD DISTRICT, PIN - 671314
5 MUBASHEER P
AGED 21 YEARS
S/O.SHAHUL HAMEED, RESIDING AT PUZHAKKARA HOUSE,
MOUKODU, BEEMANADY VILLAGE, VELLARIKUNDU TALUK,
KASARAGOD DISTRICT, PIN - 671314
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
VRINDA T.S.
AISWARYA JAYAPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
OP(CRL.) NO. 146 OF 2024
..2..
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
CHITTARIKKAL POLICE STATION,
KASARAGOD DISTRICT, PIN - 671315
OTHER PRESENT:
SRI. NOUSHAD K.A. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO. 146 OF 2024
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BECHU KURIAN THOMAS, J.
========================
O.P. (Crl.) No. 146 of 2024
========================
Dated this the 16th day of February, 2024
JUDGMENT
Petitioners seek for an expeditious disposal of
C.C.No.258/2021 pending before the Judicial Magistrate of First
Class Court-II, Hosdrug arising out of Crime No. 775 of 2020 of
Chittarikal Police Station, registered for the offences under
Sections 143, 147, 148 and 149 of the Indian Penal Code, 1860
and Section 3(1) of the Prevention of Damage to Public Property
Act, 1984.
2. According to the learned counsel for the petitioners,
the case has been pending for the last three years and is
causing prejudice. It is submitted that unless the trial is
completed expeditiously, in a time bound manner, the
petitioners will be put to irreparable prejudice.
3. Heard the learned counsel for the petitioners as well
as the learned Public Prosecutor.
4. Considering the facts and circumstances of the case,
I am of the view that a request for an out of turn priority at this
juncture, cannot be granted through a direction by this Court.
OP(CRL.) NO. 146 OF 2024
..4..
The Supreme Court has observed that a constitutional court
must restrain itself from issuing directions to dispose of matters
pending before the trial court in a time bound manner as it may
interfere with the priority of other cases. Therefore, I decline to
accede to the prayer of the petitioners.
5. However, the petitioners will be at liberty to make a
request to the learned Magistrate to grant an out of turn priority
and if the circumstances so warrant, the learned Magistrate will
be at liberty to consider granting such priority, notwithstanding
the disinclination of this court.
With the above observations, this original petition is
dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
LU
OP(CRL.) NO. 146 OF 2024
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APPENDIX OF OP(CRL.) 146/2024
PETITIONER EXHIBITS :
EXHIBIT-P1 THE TRUE COPY OF THE FIR DATED
16/12/2020 IN CRIME NO.775/2020 OF
CHITTARIKKAL POLICE STATION; KASARAGOD
DISTRICT
EXHIBIT-P2 THE TRUE COPY OF THE REPORT DATED
30/1/2021 IN CRIME NO.775/2020 OF
CHITTARIKKAL POLICE STATION
// True Copy // PA To Judge
