In a petition for early disposal, the High Court of Kerala directed the lower Judicial Magistrate to dispose of C.C.No.2520/2014 expeditiously within eight months, deeming the Magistrate's six-month timeline reasonable.
Direction to the Judicial First Class Magistrate Court-III, Neyyattinkara, to dispose of C.C.No.2520/2014 within eight 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 ASHOK MENON
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
OP(Crl.).No.40 OF 2020
AGAINST THE ORDER/JUDGMENT IN THE MATTER OF C.C.NO.2520/2014 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA WHICH AROSE FROM
CRIME NO.622/2014 OF VELLARADA POLICE STATION,THIRUVANANTHAPURAM
PETITIONER/3RD ACCUSED:
ABHIN, AGED 27 YEARS, S/O.JAYAKUMAR, ABHIN NIVAS, ELLUVILAMEKIN KARA, CHERIYAKOLLA DESOM, KUNNATHUKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM – 695 121
BY ADV. SRI.M.ABDUL RASHEED
RESPONDENTS/COMPLAINANT:
STATE OF KERALA, THROUGH STATION HOUSE OFFICER, VELLARADA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031
OTHER PRESENT:
SHRI. RAMESH CHAND – PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No.40 OF 2020
2
JUDGMENT
Dated this the 6th day of February, 2020
The petitioner is the 3rd accused in C.C.No.2520/2014
on the files of the Judicial First Class Magistrate Court-III,
Neyyattinkara, for having allegedly committed offences
punishable under Sections 143, 147, 148, 149, 447, 427 of the
IPC. He seeks early disposal of the case. A report was call for
from the jurisdictional Magistrate and the learned Magistrate has
sought for six months time to dispose of the case. The time
sought for by the Magistrate appears to be reasonable.
In the result, the O.P.(Crl) is disposed of with a
direction to the Judicial First Class Magistrate Court-III,
Neyyattinkara, to dispose of C.C.No.2520/2014 on the files of
that court as expeditiously as possible at any rate within a period
of eight months from the date of receipt of the copy of this order.
Sd/-
ASHOK MENON
JUDGE
NR/06/02/20
OP(Crl.).No.40 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE FINAL REPORT IN CC NO.2520/2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA WHICH AROSE FROM CRIME NO.622/2014 OF VELLARADA POLICE STATION
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the Magistrate's request for six months to dispose of the case requires the High Court to intervene.
Abhin
State of Kerala
Asok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court