In a criminal miscellaneous petition, this court directed the trial court to dispose of a pending criminal appeal against a long-pending trial involving the Petitioner within three months from May 21, 2014.
Direction to trial court to dispose of case within three months from May 21, 2014.
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 K.RAMAKRISHNAN
WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935
Crl.MC.No. 1517 of 2014 ()
SC. NO.1031/2009 OF ASSISTANT SESSIONS COURT, THIRUVANANTHAPURAM.
PETITIONER/10TH ACCUSED:
PREMRAJ, S/O.THANKAPPAN NAIR, AGED 38 YEARS, PARAKODU VEEDU, NALANCHIRA, ULLOOR VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER.
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 1517 of 2014
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-A: TRUE COPY OF FINAL REPORT IN CRIME NO.126/2000 OF VANCHIYOOR POLICE STATION BEFORE THE ADDITIONAL CHIEF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM. ANNEXURE-B: TRUE COPY OF THE JUDGMENT IN SC NO.1526/2006 DATED 24.07.2009 PASSED BY THE COURT OF THE ADDITIONAL ASSISTANT SESSIONS JUDGE, THIRUVANANTHAPURAM. ANNEXURE-C: TRUE COPY OF PETITIONER'S PASSPORT AND EXPIRED VISA.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. RAMAKRISHNAN, J.
Crl.M.C.No.1517 of 2014
Dated this the 19th day of March, 2014.
O R D E R
This is an application filed by the 10th accused in SC.No.1031/2009 on the file of the Additional Assistant Sessions Judge, Thiruvananthauram for a direction to expedite the trial of the case under Section 482 of the Code of Criminal Procedure.
Crl.M.C.No.1517 of 2014 2
attended the case regularly. But the presence of the second accused could not be procured. So the trial is being delayed. On account of the pendency of this case, he could not go abroad. So he has no other remedy except to approach this Court seeking the following relief:
Hence it is most humbly prayed that this Hon'ble Court may be pleased to direct the Assistnt Sessions Court, Thiruvananthapuram to dispose of SC.No.1031/2009 pending before it within a time limit as prescribed by this Hon'ble Court.
3. Considering the nature of relief claimed in this petition,
this Court felt that this petition can be disposed of after hearing the counsel for the petitioner and the learned Public Prosecutor and also after getting a report from the concerned Presiding officer. Accordingly a report has been called for and the learned First Additional Assistant Sessions Judge sent a report which reads as follows:
“With reference to the above, I may submit that case agaisnt A1 to A14 except A13 (Crime No.126/2000) was made over to this court. A2 & A10 were absconding, case against A2 and A10 was split up and assigned new number as SC.1031/09. On 24.7.2009 case against other accused disposed of. After issuing coerciv e steps through city police commissioner against A2 and A10, on 21.11.2012, A10 Premraj was surrendered before this court with sureties. Bail was granted to him. A2 is still absconding. Thereby, on 3.9.2013 charge was f ramed in respect of case a gainst
Crl.M.C.No.1517 of 2014 3
A10 and postged to 17.3.2014 for scheduling this case.
In these circumstances, I shall take every endeavoaur to dispose of the case within two months after summer vacation.”.
The First Additional Assistant Sessions Judge, Thiruvananthapuram is directed to dispose of the case
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S.C.No.1031/2009 as expeditiously as possible, at any rate, within three months from the court reopens after summer vacation namely on 21.5.2014.
With the above directions and observations, this petition is disposed of.
Office is directed to communicate this order to concerned court immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
/true copy/ P.S to Judge
1 issue framed by the court
Whether to grant directions to the trial court for expedited disposal of a long-pending criminal case involving the Petitioner.
1 provisions across 1 enactments
Premraj
State of Kerala
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
