The High Court of Kerala directed the Assistant Sessions Judge, Mavelikkara, to dispose of the petitioner's long-pending criminal appeal within eight months. This order was made because the petitioner was retrenched from police service due to the case's pendency.
Eight months to dispose of the pending criminal appeal by the Assistant Sessions Judge.
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.
O.P(CRL).1/2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
OP(Crl.).No.1 OF 2020
AGAINST THE ORDER/JUDGMENT IN SC 464/2017 OF SUB COURT, MAVELIKKARA
CRIME NO.1317/2012 OF Nooranadu Police Station , Alappuzha
PETITIONER/S:
SHEFEEK.S AGED 26 YEARS S/O. SHAJI @ SHAJAHAN, SADIQUE MANZIL(PAVUMPAVILAKIZHAKKATHIL), THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN690532.
BY ADV. SRI.M.G.SREEJITH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, ERNAKULAM DISTRICT, PIN-682031.
2 THE STATION HOUSE OFFICER, NOORANAD, ALAPPUZHA DISTRICT, PIN-690537.
3 SHUKOR
AGED 36 YEARS, S/O. BASHER RATHER, DARYI FARAH, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
4 NIZAM
AGED 39 YEARS, S/O. SHAUL HAMEED, SIDEEQ MANZIL, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
5 ASHARAF
AGED 32 YEARS, S/O. ABDUL RAZAK, NEDUMBRATH VILAYIL, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
O.P(CRL).1/2020
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6 RIYAZ
AGED 28 YEARS, S/O.RAFEEK MANZIL, THAMARAKULAM, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
7 NISHADH
AGED 33 YEARS, S/O. BASHEER, CHARUPARAMBIL VEEDU, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
8 HYROOL AGED 29 YEARS, S/O. HANEEFA, HARRON NIVAS, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
9 MAJEEDH AGED 44 YEARS, S/O. KAREEM RAWTHAR, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
10 BIJU @ HUSSAIN AGED 37 YEARS, S/O. KANIRAWTHAR, CHAKKURATH HOUSE, THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690532.
OTHER PRESENT:
PP AMJAD ALI AND M.K.PUSHPALATHA
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(CRL).1/2020
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V.G.ARUN, J.
O.P(CRL.).No.1 of 2020
Dated this the 16th day of September, 2020
JUDGMENT
Petitioner is the accused in S.C.No.464 of 2017 pending before the Assistant Sessions Court, Mavelikara. The case originated from Crime No.1317 of 2012 registered at the Nooranad Police Station for offences under Sections 143, 147, 148, 149, 341, 294(b) and 308 of IPC. The prayer in this original petition is for expeditious disposal of the case. The reason for making such prayer is that the petitioner was appointed to the post of Police Constable in KAP-V Battalion and completed his training on 14.11.2018. Due to the pendency of the criminal case, he was retrenched from service with effect from 16.11.2018 and will be considered for reappointment only on his acquittal in the criminal case.
O.P(CRL).1/2020
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In the light of the report, the original petition is disposed of directing the Assistant Sessions Judge-II, Mavelikkara to take earnest efforts to dispose of S.C.No. 464 of 2017 within eight months from the date of receipt of a copy of this judgment.
Sd/-
V.G.ARUN, JUDGE
vgs
O.P(CRL).1/2020
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APPENDIX OF OP(Crl.) 1/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 CERTIFIED COPY OF FINAL REPORT IN SC NO.464/2017 IN THE FILES OF ASSISTANT SESSIONS COURT,MAVELIKARA.
EXHIBIT P2 TRUE COPY OF MEMO RECEIVED TO THE PETITIONER FROM THE POLICE DEPARTMENT DATED 23.11.2018.
1 issue framed by the court
Whether to direct swift disposal of the pending criminal trial where the petitioner was retrenched from service due to pendency?
Shefiek.S
State of Kerala
Shukor
Nizam
Asharaf
Riyaz
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
