The High Court, considering a petition for expediting trial, directed the Sessions Court to fix an early date for framing charges and ensure trial completion within 6 to 8 months. All other raised issues were left open for future proceedings.
Sessions Court directed to expedite case for hearing on charge and complete trial within 6-8 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 ALEXANDER THOMAS
FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941
Crl.MC.No.4577 of 2019
SC 434/2017 OF THE SESSIONS COURT,KASARAGOD
CRIME NO.52/2017 OF NILESHWAR POLICE STATION, KASARGOD
PETITIONERS/ACCUSED 1 TO 3:
1 DHANRAJ.P.
AGED 23 YEARS S/O.DAMODARAN, PULPATHIYOTT HOUSE, NORTH PULIYANNUR, KARINTHALAM VILLAGE.
2 RAHUL.P., AGED 20 YEARS S/O.PAVITHRAN, CHENIKKUNNU HOUSE, NORTH PULIYANNUR, KARINTHALAM VILLAGE.
3 ANOOP.V.V., AGED 29 YEARS S/O.KUMARAN, VALIYAVEETTIL HOUSE, NORTH PULIYANNUR, KARINTHALAM VILLAGE.
BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH
RESPONDENTS/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, NILESHWAR POLICE SATION.
2 VICTIM X
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1, SMT.M.SUKUMARAN FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
=========================== Crl.M.C.No.4577 of 2019
=========================== Dated this the 26th day of July, 2019
ORDER
Sri.M.Shaju Purushothaman, learned counsel appearing for the petitioners would submit on the basis of instructions of his parties that the petitioners would limit their prayers for a direction from this Court to the Sessions Court concerned to ensure that the trial is expedited to be completed within a reasonable time limit that may be stipulated by this Court and that all issues in this Crl.M.C may be left open to be raised and decided in other appropriate proceedings at appropriate stage.
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posting of the case to an early date and may fix up an appropriate day for framing of charges and then may proceed with the steps within 4 to 5 months from the date of framing of charges in this case and to ensure that the trial in the above sessions case may be completed, without much delay, preferably within 6 months to 8 months from the date of receipt of a certified copy of this order, provided all parties and witnesses co-operate with the Sessions Court in the above endeavour and provided that there are no other legal impediments in that regard. All issues raised by the petitioners in this Crl.M.C are left open to be decided in other appropriate proceedings at the appropriate stage.
With the above observations and directions, the above Crl.M.C. will stand finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE
vgd
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A THE CERTIFIED COPY OF THE RELEVANT EXTRACT OF THE FINAL REPORT IN CRIME NO.52/2017 DATED 23.03.2017.
ANNEXURE B THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT DATED 16.02.2019.
ANNEXURE C THE TRUE COPY OF THE APPLICATION DETAILS OF THE 1ST PETITIONER DATED NIL.
ANNEXURE D THE TRUE COPY OF THE APPLICATION DETAILS OF THE 2ND PETITIONER DATED 21.03.2016.
2 issues framed by the court
Whether the Sessions Court should be directed to expedite the trial of the pending criminal case.
Whether the accused should be given relief against delay in trial and order faster disposal.
Dhanraj.P.
Rahul.P.
Anoop.V.V.
State of Kerala
Priya Shanavas
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
