Petitioners challenged the inordinate delay in a criminal trial instituted in 2012. The court directed the lower court to dispose of the pending case within six months due to the lack of witness presence and the passage of time.
Directed the Judicial First Class Magistrate Court-IX, Ernakulam to dispose of C.C.No.1159 of 2016 within six months.
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OP(CRL).2/21
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
OP(Crl.).No.2 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1159/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY)
CRIME NO.451/2012 OF Palarivattom Police Station , Ernakulam
PETITIONER/S:
1 LOLAC JIMMY AGED 33 YEARS
S/O. JAMES JOSEPH, MADATHILPARAMBIL HOUSE, EROOR P.O, NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
2 SHYAM JOHN
AGED 39 YEARS
S/O. JOHN, KOCHUVEETTIL, VENNALA P.O, EDAPPALLY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT/S:
OTHER PRESENT:
PP T.R.RENJITH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL).2/21
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V.G.ARUN, J.
O.P(CRL).No. 2 of 2021
Dated this the 8th day of March, 2021
JUDGMENT
Petitioners are the accused in Crime No.451 of 2012 of Palarivattom Police Station registered for the offences under Section 394 read with 34 of IPC, now pending as C.C.No.1159 of 2016 on the files of the Judicial First Class Magistrate Court-IX, Ernakulam. The petitioners are alleged to have attempted to extract money from the driver of a National Permit lorry by impersonating as Regional Transport Officers. The Police submitted final report on 15.2.2013 and the petitioners appeared before the court on 11.4.2014. The petitioners are aggrieved by the inordinate delay in disposing the case.
OP(CRL).2/21
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In the result, the original petition is disposed of directing the Judicial First Class Magistrate Court-IX, Ernakulam to dispose of C.C.No.1159 of 2016 within six months.
Sd/-
V.G.ARUN, JUDGE
vgs
OP(CRL).2/21
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 17.03.2012 IN CRIME NO. 451/2012 OF PALARIVATTOM POLICE STATION. EXHIBIT P2 TRUE COPY OF THE FINAL REPORT DATED 15.02.2013 IN CRIME NO. 451/2012 OF PALARIVATTOM POLICE STATION.
1 issue framed by the court
Whether the prosecution is justified in the inordinate delay in disposing of the criminal case.
1 provisions across 1 enactments
LOLAC JIMMY
SHYAM JOHN
STATE OF KERALA
SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
