The High Court of Kerala, noticing that the petitioner fined for assaulting police was retrenched from service due to the pendency of the criminal case, directed the Regional Judge to expeditious disposal within six months.
Directing the Judicial First Class Magistrate-II, Mavelikkara to dispose of C.C.No.151 of 2019 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.
OP(CRL).3/2020
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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.3 OF 2020
AGAINST THE ORDER/JUDGMENT IN CC 151/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA
CRIME NO.189/2019 OF Nooranadu Police Station , Alappuzha
PETITIONER/S:
SHEFEEK AGED 26 YEARS S/O. SHAJI @ SHAJAHAN, SADIQUE MANZIL (PAVUMPAVILAKIZHAKKATHIL), THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN - 690 532.
BY ADV. SRI.M.G.SREEJITH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI, ERNAKULAM DISTRICT, PIN - 682 031.
2 THE SHO NOORANAD POLICE STATION, NOORANAD, ALAPPUZHA DISTRICT, PIN - 690 537.
3 ASHIQUE AGED 23 YEARS S/O. MUHAMMAD JAMAL, PAVUMBAVILAKIZHAKKATHIL AA MANZIL THAMARAKULAM, THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN - 690 532.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL).3/2020
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V.G.ARUN, J.
O.P(CRL.).No. 3 of 2020
----------------------------------------------Dated this the 16th day of September, 2020
JUDGMENT
Petitioner is the accused in C.C.No.151 of 2019 pending before the Judicial First Class Magistrate Court-II, Mavelikkara. The case originated from Crime No.189 of 2019 registered at the Nooranad Police Station for offences punishable under Sections 341 and 323 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.
OP(CRL).3/2020
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In the light of the report, the original petition is disposed of directing the Judicial First Class Magistrate-II, Mavelikkara to take earnest efforts to dispose of C.C.No.151 of 2019 within six months from the date of receipt of a copy of this judgment.
Sd/-
V.G.ARUN, JUDGE
vgs
OP(CRL).3/2020
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APPENDIX OF OP(Crl.) 3/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 CERTIFIED COPY OF FINAL REPORT IN C.C.NO.151/2019 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, 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 the criminal case pending against the petitioner should be disposed of expeditiously given his retrenchment from police service.
SHEFEEK
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
