Xxxxxx vs State Of Kerala
2024 Latest Caselaw 6049 Ker

Kerala High Court

Xxxxxx vs State Of Kerala on 23 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 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        OP(CRL.) NO. 43 OF 2024
        CRIME NO.819/2019 OF Anchal Police Station, Kollam
  AGAINST THE ORDER/JUDGMENT SC 1130/2020 OF FAST TRACK SPECIAL
                               COURT, PUNALUR
PETITIONER/S:

            XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX
            BY ADVS.
            M.R.SASITH
            ANJANA SURESH.E
            NEELANJANA NAIR


RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031
OTHER PRESENT:

            SMT. SREEJA V. (PP)


     THIS    OP   (CRIMINAL)     HAVING     COME   UP   FOR   ADMISSION   ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   BECHU KURIAN THOMAS, J.
            ========================
                     OP(Crl.)No.43 of 2024
            ------------------------------------------------
                  Dated this the 23rd day of February, 2024

                              JUDGMENT

The limited relief sought for by the petitioner is for expeditious

disposal of S.C.No.1130/2020 on the files of Fast Track Special Court,

Punalur.

2. According to the petitioner, the victim is not co-operating

with the trial of the case and therefore, specific direction ought to be

issued to the court to dispose of the case in a time bound manner.

3. The Supreme Court has time and again observed that the

Constitutional Courts must refrain themselves from imposing

timeline for disposal of cases.

3. Having regard to the above, I am of the view that this is

not a fit case where timeline ought to be fixed to dispose of the case.

However, the disinclination of the court shall not stand in the way of

the petitioner requesting the special court for an earlier disposal. In

case such a request is made, the same shall be considered,

notwithstanding the dismissal of this case.

With the above observation, this original petition is dismissed.

sd/

BECHU KURIAN THOMAS JUDGE jm/