The High Court directed the trial court to dispose of a criminal case against an 81-year-old senior citizen accused, registered in 2012, within four months using video conferencing, citing age and long delay.
Matter to be disposed of within four months of receipt by the learned Magistrate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
OP(CRL.) NO. 290 OF 2021
CRIME NO.13/2012 OF Control Room, KSD, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 194/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARGOD
PETITIONER/11TH ACCUSED:
ANDOONHI
AGED 81 YEARS S/O.BABUVAN KUNHI, BADIRADI HOUSE, UCHILAMPADY P.O., KASARAGOD DISTRICT.
BY ADV V.K.HEMA
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
BY ADVS.
SMT. S. SEETHA, SENIOR GOVERNMENT PLEADER
SRI. SANDESHRAJA K, SPECIAL GOVERNMENT PLEADER (FOREST)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 290 OF 2021
2
JUDGMENT
A senior citizen aged 80 years who is the accused in C.C.No.194/2019 registered on the basis of a crime of the year 2012, came up for a speedy disposal of the proceedings.
the long delay caused, I am of the view that inspite of the restrictions imposed under the ongoing pandemic Covid- 19, it is fit and proper to direct the learned Magistrate to dispose of the matter within a period of four months from the date of receipt of a copy of this order, for which, the learned Magistrate can also adopt video conferencing and other systems for the examination of the witnesses involved.
The O.P(Crl) is allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE
SPV
OP(CRL.) NO. 290 OF 2021
3
APPENDIX OF OP(CRL.) 290/2021
PETITIONER’S EXHIBITS
EXHIBIT P1 TRUE COPY OF FOREST OFFENCE CHARGESHEET IN KASARAGOD RANGE OFFENCE NO.OR 13/2012. EXHIBIT P2 ORIGINAL 'A DIARY PROCEEDINGS' OF CC 254/2017 & CC 194/2019.
RESPONDENT’S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the proceedings against an 81-year-old accused registered in 2012 should be disposed of expediently despite pandemic restrictions.
1 provisions across 1 enactments
ANDOONHI
STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
