Partly allowed

State of Kerala v. Rajan K.J.

Kerala HC1 Nov 2019Crl.MC/413/2017

Case brief

AI extract

What is this about?

The Kerala High Court, while entertaining a criminal miscellaneous case filed by the State to set aside an order, recorded the respondent's consent to the prayer. The court set aside the impugned order quashing charges and directed the Sessions Court to expedite framing of charges and complete the trial within four to five months.

What did the court decide?

Set aside the impugned Annexure-A3 order; directed the Sessions Court to frame charges and complete trial within 4-5 months.

State of Kerala Vs Rajan K.J. — Writ and Judicial Review | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

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Crl.MC.No.413 OF 2017

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AGAINST THE ORDER/JUDGMENT IN SC 879/2014 DATED 17-09-2016 OF I ADDITIONAL DISTRICT COURT & ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM

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AGAINST THE ORDER/JUDGMENT IN CRMP 4523/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PARAVOOR

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CRIME NO.763/2013 OF Chathannoor Police Station , Kollam

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PETITIONER/S:

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STATE OF KERALA REPRSENTED BY SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION

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BY ADV. PUBLIC PROSECUTOR

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RESPONDENT/S:

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RAJAN K.J., AGED:52 YEARS, S/O JANARDHANAN, CHERUVEEDU, ELEAVUMTHITTA DESOM, PATHANAMTHITTA, NOW RESIDING AT LIC LINE, 59A, KAVADIYAR VILLAGE, THIRUVANANTHAPURAM

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R1 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R1 BY ADV. SRI.D.FEROZE R1 BY ADV. SRI.S.RAJEEV R1 BY ADV. SRI.V.VINAY

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.413 OF 2017

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ALEXANDER THOMAS, J .

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Crl.M.C.No.413 Of 2017

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Dated this the 1^st day of November, 2019.

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O R D E R

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The prayer in the above Crl.M.C filed by the State of Kerala is

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as follows:

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“................. to quash Annexure-A3 and all proceedings thereon.”

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Heard Sri.Saigi Jacob Palatty, learned Prosecutor

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appearing for the petitioner-State of Kerala and Sri.S.Rajeev,

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learned counsel appearing for the respondent-accused.

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Sri.S.Rajeev, learned counsel for the respondentaccused would submit on the basis of instructions that his party is the beneficiary of the impugned order which is now sought to be quashed in the present Crl.M.C and his party has no objection to the prayer of the State in this case.

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Recording the stand of the respondent-accused, it is ordered in the interest of justice that the impugned Anx-A3 order dated 17.9.2016 rendered by the Court of Additional Sessions Judge-I, Kollam on Crl.M.P.No.2183/2016 in

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Crl.MC.No.413 OF 2017

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S.C.No.879/2014 will stand set aside.

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Sri.R.T.Pradeep, learned counsel appearing for the de facto complainant, who has appeared in the connected matter in Crl.M.C.No.2218/2018 has also been heard as an intervenor in this case.

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Sri.S.Rajeev, learned counsel for the respondentaccused and Sri.R.T.Pradeep, learned counsel appearing for the de facto complainant would submit on the basis of instructions of their respective parties that this Court may order that the trial in this case be expedited so that the same is completed within a reasonable time limit. It is now apprised to this Court that charges are yet to be framed by the court. The Sessions Case emanates from Crime No.763/2013 of Chathannoor Police Station. Since the Crime has been registered in the year 2013, interest of justice could only be advanced if the Sessions Court expedites the trial process. Accordingly it is ordered that the Sessions Court concerned will take all reasonable measures possible under the circumstances to ensure that charges are framed in this case

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Crl.MC.No.413 OF 2017

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without any further delay, in case the same has not so far been framed and the case is taken up for trial and completed without much delay, preferably within a period of 4-5 months from the date of framing of charges.

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The Registry will forward a copy of this order to the Additional Sessions Judge-I, Kollam, for necessary information and for further action.

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With these observations and directions, the above Crl.M.C will stand disposed of.

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Sd/ALEXANDER THOMAS, Judge.

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bkn/-

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Crl.MC.No.413 OF 2017

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APPENDIX OF Crl.MC 413/2017

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PETITIONER'S/S EXHIBITS:

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A1 TRUE COPY OF ORDER DATED 29/3/2016 IN CRL M.C NO. 7109/2014

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A2 TRUE COPY OF CRL.M.P. NO 2183/2016 IN SC NO. 879/2014 BEFORE THE COURT OF 1ST ADDITIONAL SESSIONS JUDGE, KOLLAM

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A3 TRUE COPY OF ORDER DATED 17/9/2016 CRL,MP NO.2183/2016 IN SCNO. 879/2014 BY THE COURT OF 1ST ADDITIONAL SESSIONS JUGE, KOLLAM

State of Kerala v. Rajan K.J.

Case brief

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What did the court decide?

State of Kerala v. Rajan K.J.

Case brief

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