A single judge of the Kerala High Court directed the Magistrate to ensure expeditious disposal of a criminal trial within six months and considered splitting the trial if absent accused could not be secured.
Directed the Magistrate to dispose of the criminal trial within six months and split the trial if absent accused could not be secured.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
Crl.MC.No. 1037 of 2014 ()
CMP.NO. 2922/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM
PETITIONER/2ND RESPONDENT:
THOMAS K.G., AGED 71 YEARS, S/O.GEE VARGHESE, RESIDING AT KOLANIYIL HOUSE, THANKALAM KARA, THRIKARIYOOR VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT.
BY ADV. SRI.ALIAS M.CHERIAN
RESPONDENTS/PETITIONER & 1ST RESPONDENT:
1. MUHAMMED NISSAR, AGED ABOUT 45 YEARS, NADUVILAPARAMBIL HOUSE, MANNAM.P.O.,
NORTH PARAVOOR, ERNAKULAM DISTRICT-683 520.
2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM-686 699.
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM. 682 031.
R1 BY ADV. SRI.P.SREEKUMAR R2 & R3 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 1037 of 2014 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX A1- TRUE COPY OF AGREEMENT DATED 28.06.2010.
ANNEX A2- TRUE COPY OF AGREEMENT DATED 06.12.2011.
ANNEX A3- TRUE COPY OF WRITTEN COMPLAINT DATED 06.02.2013.
ANNEX A4- TRUE COPY OF FIR NO.852 DATED 20.6.2013.
ANNEX A5- TRUE COPY OF REMAND REPORT IN CRIME NO.852.
ANNEX A6- TRUE COPY OF REPORT PUBLISHED IN 'MANGALAM' DAILY DATED 21.06.2013.
ANNEX A7- TRUE COPY OF REPORT PUBLISHED IN 'MATHRUBHUMI' DAILY DATED 22.6.2013.
ANNEX A8- TRUE COPY OF REPORT PUBLISHED IN 'MALAYALA MANORAMA' DAILY DATED 23.6.2013.
ANNEX A9- TRUE COPY OF DAILY NEWS PAPER DESHABHIMANI DATED 21.6.2013.
ANNEX A10- TRUE COPY OF REPORT PUBLISHED IN 'DESHABHIMANI' DAILY DATED 23.6.2013.
ANNEX A11- TRUE COPY OF LETTER DATED 22.6.2013.
ANNEX A12- PHOTOGRAPHS LABORATORY AND CAUSALITY.
ANNEX A13- TRUE COPY OF REPORT NO.152/13 DTD. 19.7.13.
ANNEX A14- TRUE COPY OF DAILY NEWS PAPER MALAYALA MANORAMA DATED 25.7.2013.
ANNEX A15- TRUE COPY OF PETITION DATED 14.8.2013.
ANNEX A16- TRUE COPY OF JUDGMENT DATED 15.01.2014 IN WPC NO.17340 OF 2013.
ANNEX A17- TRUE COPY OF JUDGMENT DATED 20.12.2013 IN WPC NO.29489 OF 2013.
ANNEX A18- TRUE COPY OF C.M.P.NO.2922 OF 2013.
ANNEX A19- TRUE COPY OF REPORT DATED 03.01.2014.
ANNEX A20- TRUE COPY OF MAHAZAR DATED 19.07.2013.
2/-
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CRL.M.C.NO.1037/2014
ANNEX A21- TRUE COPY OF INTERIM INJUNCTION ORDER DATED 13.12.2013 IN I.A.NO.3275 OF 2013. ANNEX A22- TRUE COPY OF ORDER DATED 25.01.2014 IN C.M.P.NO.2922 OF 2013.
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.S.TO JUDGE
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RAJA VIJAYARAGHAVAN V., J.
Crl.M.C. No.1037 of 2014
Dated this the 26th day of May, 2016
O R D E R
Crl.M.C. No.1037/2014
2
reason to refuse the prayer of the petitioner for expeditious disposal .
RAJA VIJAYARAGHAVAN V., (JUDGE)
vps
2 issues framed by the court
Whether there is a reasonable possibility of securing the presence of absent accused persons to proceed with the trial.
Whether the trial should be split up and proceeded with against the remaining accused if some cannot be secured.
2 provisions across 2 enactments
Thomas K.G.
Muhammed Nissar
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
