In this criminal miscellaneous case, the petitioner challenged the inordinate delay in proceedings initiated in 1999. The single-judge bench directed the Magistrate to dispose of the case within six months from the receipt of the order copy.
Direction to the learned Magistrate to dispose off C.C. No. 334 of 1999 expeditiously within six months.
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
MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
Crl.MC.No. 2129 of 2016 ()
CC 334/1999 of CHIEF JUDL.MAGISTRATE, ERNAKULAM CRIME NO. 769/1998 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT
PETITIONER(S)/1ST ACCUSED :
M.A. AHAMMED SHAFFIYULLA
S/O.M.A.ABDUL LATHEEF, HOUSE NO.CC 7/633, JEW TOWN ROAD, MATTANCHERRY VILLAGE KOCHI.
BY ADVS.SRI.JOMON P.VARGHESE SRI.NIXON PAUL
RESPONDENT(S)/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 2129 of 2016 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE I: COPY OF THE TRUE PHOTOCOPY OF THE FINAL CHARGE IN CC 334/99.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
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RAJA VIJAYARAGHAVAN.V, J.
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Crl.M.C.No. 2129 of 2016
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Dated this the 23rd day of May, 2016
O R D E R
The petitioner is the 1st accused in C.C No. 334 of 1999 on the files of Chief Judicial Magistrate Court, Ernakulam. The said case has been registered alleging offences punishable under Sections 406,409,420 and Sec. 34 of the Indian Penal Code.
Crl.M.C.No. 2129 of 2016
2
In the result , this petition is disposed of directing the learned Magistrate to dispose off C.C. No. 334 of 1999 on the file of the court below as expeditiously as possible , at any rate , within a period of six months, from the date of receipt of a copy of this order.
Sd/-/- RAJA VIJAYARAGHAVAN.V, Judge
lsn
1 issue framed by the court
Whether the prosecution proceedings under sections 406, 409, 420 and 34 IPC registered in 1999 shall be disposed of within six months due to unreasonable delay.
1 provisions across 1 enactments
M.A. AHAMMED SHAFFIYULLA
STATE OF KERALA
Raja Vijayaraghavan.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
