The petitioner accused in three theft cases sought a joint trial and speedy disposal under section 482 Cr.P.C. The High Court rejected the demand for a joint trial as different properties were involved and declined to fix a disposal timeline, leaving these matters to the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
FRIDAY, THE 21ST DAY OF JUNE 2013/31ST JYAISHTA 1935
Crl.MC.No. 2127 of 2013 ()
--------------------------IN CC 689/2012 of JUDICIAL FIRST CLASS MAGISTRATE , SOUTH PARAVOOR, KOLLAM DISTRICT
IN CC 823/2012 of JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVOOR,KOLLAM DISTRICT
IN CC 774/2012 of JUDICIAL FIRST CLASS MAGISTRATE, SOUTH PARAVOOR, KOLLAM DISTRICT
PETITIONER/ACCUSED :
-----------------
MONI, S/O.THANKAPPAN, AGED 45 YEARS PARUTHIVILA HOUSE, KULAKKADA, PERINKALAM VILLAGE VILAVANCODU TALUK, KANYAKUMARI DISTRICT, TAMIL NADU
BY ADVS.SMT.HEMALATHA SRI.BINU GEORGE
RESPONDENT/STATE : ----------------
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
R BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
Crl.MC.No. 2127 of 2013 ()
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
ANNEXURE 1 : A TRUE COPY OF FINAL REPORT IN CRIME NO 589/2012 ANNEXURE II: A TRUE COPY OF CHARGE SHEET IN CRIME NO 817/2012 ANNEXURE III: A TRUE COPY OF FINAL REPORT IN CRIME NO 855/2012
RESPONDENT(S)' EXHIBITS : NIL. -----------------------
//TRUE COPY//
P.A.TO JUDGE
BP
V.K.MOHANAN, J.
Crl.M.C.No.2127 of 2013
Dated this the 21st day of June, 2013.
O R D E R
The petitioner, who is the accused in three calendar cases pending before the court of Judicial First Class Magistrate-Paravoor, Kollam, namely C.C.Nos.689, 823 and 744 of 2012, has filed the above petition under section 482 of Cr.P.C. with a prayer to issue a direction to the court of Judicial First Class Magistrate, South Paravoor, Kollam, to dispose the above calendar cases. The petitioner is the sole accused in the above cases which are instituted on different crimes upon different allegations. But the offences involved in each case are one and the same, ie., under sections 457, 461 and380 of IPC. The grievance of the petitioner is that, he was arrested as early as on 8.10.2012 and from there onwards, he is under custody and he could not come out after taking bail, as there was no
2
Crl.M.C.No.2127 of 2013
solvent sureties to offer. The case of the petitioner is that he belongs to a poor family and there is none other than
him, to pull on his family and the further case of the petitioner is that though the above cases are ripe for trial, the cases are being adjourned indefinitely. Therefore, he preferred the above M.C. with the prayer as indicated above.
3
Crl.M.C.No.2127 of 2013
this Court is not inclined to grant an order of joint trial of the cases, learned counsel for the petitioner confined her submission to a speedy disposal of the above cases. As I indicated earlier, the above offences, according to the prosecution, were committed within a span of 3 months and that too during the year 2012, and according to the prosecution, the date of the occurrence of the last offence was on 24.7.2012. As on today, not even one year is over. All the above calendar cases pertained to the year 2012. This Court will not be justified in directing the trial court to dispose of these cases within a time limit to be fixed by this Court. It is for the trial court to take up the cases for trial, if the same are ripe for trial, in accordance with the roster and also considering the pendency of the cases in that court.
In the result, this M.C. is devoid of any merit and the same is dismissed. However, I have no hesitation to observe that the learned Magistrate will consider the request of the petitioner for a speedy disposal of the above calendar cases, particularly in the light of the fact
4
Crl.M.C.No.2127 of 2013
that the petitioner has kept as an under trial prisoner right from 8.12.2012 and will take earnest steps to dispose the cases as expeditiously as possible.
Sd/-
V.K.MOHANAN, Judge
ami/
//True copy//
P.A. to Judge
3 issues framed by the court
Whether the High Court should direct a joint trial of three separate theft cases instituted within three months.
Whether the High Court can order the trial court to dispose of pending cases within a fixed time limit.
Whether the petition under section 482 Cr.P.C. for speedy disposal of pending criminal cases has merit.
1 provisions across 1 enactments
MONI
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
