The High Court of Kerala disposed of a criminal miscellaneous petition seeking expedited disposal of criminal proceedings. The court fixed an outer limit of three months for the Magistrate Court to dispose of the trial, citing prejudice due to long pendency.
Direction to dispose of C.C.No.241 of 2012 within three 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 V.G.ARUN
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
Crl.MC.No.210 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN CC 241/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
CRIME NO.1449/2011 OF ERAVIPURAM POLICE STATION , Kollam
PETITIONER/S:
AJI AGED 33 YEARS S/O. VASUDEVAN, AJI BHAVAN, VELIYAM, KOTTARAKKARA TALUK, KOLLAM DISTRICT, KERALA, PIN-691506
BY ADVS. SRI.M.T.SURESHKUMAR SRI.P.R.JAYASANKAR
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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V.G.ARUN, J.
CRL.M.C.No. 210 of 2021
Dated this the 26th day of March, 2021
O R D E R
Petitioner is the 3rd accused in C.C.No.241 of 2012 on the files of the Judicial First Class Magistrate Court-II, Kollam. The case originated from Crime No.1449 of 2011 registered at the Eravipuram Police Station for offences under Sections 379 and 411 read with 34 of IPC. According to the petitioner, the pendency of the case is hampering his career and future prospects. Hence, he is seeking expeditious disposal of the case.
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witnesses. The trial of the criminal cases cannot be prolonged indefinitely due to the prosecution's failure to ensure the presence of its witnesses. If faced with such situation, the court may have to go on with the trial with the available witnesses.
In the light of the report, the Crl.M.C is disposed of directing the the Judicial First Class Magistrate Court-II, Kollam to dispose C.C.No.241 of 2012 within an outer limit of three months from the date of receipt of a copy of this order.
Sd/- V.G.ARUN, JUDGE
vgs
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1449 OF 2011 OF ERAVIPURAM KOLLAM POLICE STATION, DATED 10.12.2011. ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1449 OF 2011 OF ERAVIPURAM POLICE STATION, DATED 15.2.2012.
1 issue framed by the court
Whether the trial court should expedite the disposal of a criminal case pending since 2012.
1 provisions across 1 enactments
AJI
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
