Petitioner, accused in CC, filed application seeking speedy disposal of pending discharge petition under CrPC S.482. CJM undertook to dispose within one month. Court recorded report and disposed of application.
Report of CJM undertaking disposal within one month recorded and application disposed of.
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
TUESDAY, THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936
Crl.MC.No. 2854 of 2014 ()
CRL.MP. 1959/2009 IN CC 2204/2009 IN CC 138/2010 of CHIEFJUDICIAL MAGISTRATE, ERNAKULAM
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PETITIONER/ACCUSED IN C.C.:
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K.VASUDEVAN PILLAI, AGED 64 YEARS, S/O.KRISHNA PILLAI, HOUSE NO.29/920, NEAR PUTHANVEEDU, ST.JAMES ROAD, VYTTILA, KOCHI - 682 019. (NOW RESIDING AT PANDALATH BUNGLOW KURUMBALA, PANDALAM).
BY ADV. SRI.P.J.JOSEPH PANIKKASSERY
RESPONDENT/RESPONDENT:
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STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, ERNAKULAM SOUTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
Crl.MC.No. 2854 of 2014 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE-A1: |
TRUE COPY OF LIST OF DOCUMENTS INDEXED DATED 21.6.2002 WITH DOCKET SHOWING THAT TRUE COPIES OF DOCUMENTS ARE FILED IN O.A. 266/2002 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM. |
|---|---|
| ANNEXURE-A2: |
TRUE COPY OF PROCEEDING OF O.A. 266/2002 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM FROM 12.8.2002 TO 28.9.2011. |
| ANNEXURE-A3: | TRUE COPY OF THE FINAL CHARGES PRODUCED ON 13.10.2009. |
| ANNEXURE-A4: |
TRUE COPY OF THE DISCHARGE PETITION CRL.M.P NO.1959/2009 (C.C.NO.138/2010) FILED BY THE PETITIONER PENDING BEFORE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. |
| ANNEXURE-A5: |
TRUE COPY OF LETTER DATED 9.6.2008 OBTAINED UNDER RIGHT TO INFORMATION ACT. |
| ANNEXURE-A6: |
TRUE COPY OF CERTIFIED COPY OF TITLE DEED NO.4153/1966 S.R.O PANDALAM. |
| RESPONDENT(S) ------------------------ |
' EXHIBITS : NIL. --------------- |
//TRUE COPY//
P.A. TO JUDGE
BP
K. Ramakrishnan, J.
============================== Crl.M.C.No.2854 of 2014
============================== Dated this, the 17th day of June, 2014.
O R D E R
This is an application filed by the petitioner who is the accused in C.C.No.138/2010 now pending before Chief Judicial Magistrate Court, Ernakulam for speedy disposal of the application filed by him for discharge under Section 482 of Code of Criminal Procedure seeking following reliefs:
“To give necessary direction, directing to the Chief Judicial Magistrate Court, Ernakulam, to hear and dispose of the pending discharge petition No.Crl.M.P.1959/2009 dated 10.05.2009 in C.C.No.2204/2009 filed before the Additional Chief Judicial Magistrate court, Ernakulam, which is made over to the Chief Judicial Magistrate Court and renumbered C.C.138/2010 and posted to 19.6.2014.”
“With reference to the above, I may submit that the aforesaid case stands posted to 19.06.2014 along with
Crl.M.C.No.2854 of 2014 : 2 :
C.M.P.1959/09 for hearing. Proceedings in this case would disclose that the aforesaid CMP adjourned from time to time at the request of counsel for accused. I shall take every endeavor to dispose of aforesaid C.M.P at the earliest, within one month from this date.”
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb
[True copy]
P.A to Judge
1 issue framed by the court
Whether the High Court can dispose of the application for speedy disposal of a discharge petition pending in a subordinate court upon receipt of an undertaking from that court.
K. Vasudevan Pillai
State of Kerala
K Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
