The High Court, Kerala disposed of an original petition (OP Crl. No.226/2021) seeking early disposal of Criminal Case No.511/2019. Upon report that the trial had commenced with the framing of charges at the lower court, the Court directed the expeditious disposal of the case.
Directed to dispose of C.C. No.511/2019 as expeditiously as possible.
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 MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
OP(CRL.) NO. 226 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 511/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KOCHI, ERNAKULAM
PETITIONER/DEFACTO COMPLAINANT:
SHIFANA K.L., AGED 22 YEARS W/O.MUHAMMAD MOOSA, 14/1640, KARIATHU HOUSE, DARSHANA LANE, KARUVEPPADY, ERNAKULAM, NOW RESIDING AT HOUSE NO.14/1581D, AP JOSEPH ROAD, KOCHI - 682 005.
BY ADV ANEESH K.R
RESPONDENTS/COMPLAINANT:
PP. SRI. RENJIT GEORGE,SR GP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl) No.226 of 2021
2
JUDGMENT
Dated this the 5th day of November, 2021
This original petition has been filed seeking for an early disposal of C.C. No.511/2019 on the file of Judicial First Class Magistrate Court-II, Kochi.
O.P.(Crl) No.226 of 2021
3
counsel for the petitioner would submit that A1 to A4 entered appearance on 11.10.2021 and the charge was framed and now the case stands posted to 26.11.2021 for the examination of CW1. So, it appears that the trial has already been started. So, the original petition is disposed of with a direction to dispose of C.C. No.511/2019 as expeditiously as possible.
Sd/M.R.ANITHA JUDGE
SMF
O.P.(Crl) No.226 of 2021
4
APPENDIX OF OP(CRL.) 226/2021
PETITIONER'S EXHIBITS
| Exhibit P1 | THE TRUE COPY OF THE COMPLAINT BEFORE THE THOPPUMPADY POLICE STATION DATED 9/12/2018. |
|---|---|
| Exhibit P2 | THE TRUE COPY OF COMPLAINT BEFORE THE CITY POLICE COMMISSIONER ERNAKULAM DATED 26/12/2018. |
| Exhibit P3 | THE TRUE COPY OF FINAL REPORT IN CRIME NO.42/2019 BEFORE THE JFCM II KOCHI. |
| Exhibit P4 | TRUE COPY OF PETITION MC NO.4 OF 2019 FILED UNDER SECTION 12 DV ACT BEFORE THE JFCM II KOCHI DATED 7/2/2019. |
| Exhibit P5 | TRUE COPY OF PETITION CMP NO.75/2019 UNDER SECTION 125 OF CODE FOR CRIMINAL PRECEDURE BEFORE JFCM II KOCHI DATED 15/1/2019. |
| Exhibit P6 | TRUE COPY OF THE ORDER IN CMP 75/2019 DATED 7/2/2019. |
| Exhibit P7 | THE TRUE COPY OF MP NO.178/2020 U/S 125(3) CRPC BEFORE THE JFCM II KOCHI DATED 15/1/2020. |
| Exhibit P8 | THE TRUE COPY OF THE SCREEN SHOT OF THE FACEBOOK PAGE WHICH SHOWS THE CONDUCT OF BUSINESS BY 1ST ACCUSED. |
| Exhibit P9 | THE TRUE COPY OF THE PHOTO OF THE UNIT MEMBERS SYS DARULSAMMA UNIT MATTANCHERY. |
| Exhibit P10 | THE TRUE COPY OF CASE STATUS IN CC 511/2019 BEFORE JFCM II KOCHI. |
| Exhibit P11 | THE TRUE COPY OF CASE STATUS IN MC 4/2019 BEFORE JFCM II KOCHI. //TRUE COPY// PA TO JUDGE |
2 issues framed by the court
Whether the original petition for early disposal of C.C. No.511/2019 is disposed of given that the trial has already commenced with the frame of charge.
Whether the JFCM Court is facing excessive pendency requiring swift disposal.
Shifana K.L.
State of Kerala
Muhammad Moosa M.A.
Muhammed K.M.
Bushra
Sajitha
M.R. Anitha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
