Disposed

Bindu Binu v. State of Kerala

Kerala HC22 Sept 2020OP(Crl.)/273/2020

Case brief

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What is this about?

The High Court of Kerala disposed of a petition for expeditious disposal of C.C.No.167 of 2011. It ordered the Additional Chief Judicial Magistrate to recommence the trial immediately and dispose of the case within eight months, overriding the Magistrate's request for a year due to the pandemic.

What did the court decide?

Directing the Additional Chief Judicial Magistrate to recommence the trial immediately and dispose of C.C.No.167 of 2011 within eight months.

Bindu Binu Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2020)

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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 V.G.ARUN

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TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942

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OP(Crl.).No.273 OF 2020

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CC 167/2011 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

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CRIME NO.121/CR/TVPM/2009 OF CBCID, THIRUVANANTHAPURAM

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PETITIONER/S:

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BINDU BINU AGED 48 YEARS D/O. LALITHA, LALITHA SADANAM, ULLOOR VILLAGE, MANNANTHALA, THIRUVANANTHAPURAM - 695 012.

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BY ADVS. SRI.V.S.VINEETH KUMAR SRI.GEORGE MATHEW SHRI.PRAVEEN S. SRI.M.D.SASIKUMARAN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 THE DEPUTY SUPERINTENDANT OF POLICE CRIME BRANCH, CID, THYCADU, THIRUVANANTHAPURAM - 695 014, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(Crl.) No.273 of 2020

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JUDGMENT

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Dated this the 22^nd day of September , 2020

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The petitioner is the de facto complainant in C.C.No.167 of 2011 pending before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. Cognizance was taken by the Court based on the final report submitted by the Dy.S.P, CBCID, Thiruvananthapuram in Crime No.121/Cr/Tvpm/2009 Of CBCID, Thiruvananthapuram (Crime No.399 of 2008 registered at the Peroorkada Police Station) alleging commission of offences punishable under Sections 120(B), 109, 406, 409, 420, 465, 468 and 471 r/w 34 IPC. Subsequently, as per the order of the Chief Judicial Magistrate, Thiruvananthapuram, the case was transferred to the Additional Chief Judicial Magistrate Court, Thiruvananthapuram and was taken on file as C.C.No.167/2011. The prayer in this

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O.P.(Crl.) No.273 of 2020 3

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original petition is for an expeditious disposal of C.C.No.167 of 2011.

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2. In the report called for by this Court, the learned Magistrate has stated that due to the prevailing Covid-19 pandemic situation in Thiruvananthapuram, only limited number of cases are being taken up in court. It is reported that in C.C.No.167 of 2011, there are 19 accused and 64

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witnesses and that the de facto

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complainant/petitioner was partly examined as PW1 on 07.03.2013. It is assured that all efforts

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will be taken to dispose the case within one year.

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3. Even though in the report, the learned Magistrate has sought for one year time, considering the fact that the case is of the year 2011 and that the case is being adjourned due to the reluctance of the accused to cross-examine the petitioner, it is directed to recommence the trial

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O.P.(Crl.) No.273 of 2020

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immediately.

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The original petition is disposed of, directing the Additional Chief Judicial Magistrate, Thiruvananthapuram to take earnest efforts to dispose of C.C.No.167 of 2011, within eight months from the date of receipt of a copy of this judgment.

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Sd/V.G.ARUN JUDGE

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Scl/22.09.2020

Bindu Binu v. State of Kerala

Case brief

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Bindu Binu v. State of Kerala

Case brief

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