The court disposed of an original petition filed by the Sixth accused in a criminal case under the IPC. Noting the eight-year delay in trial, the court directed the lower court to dispose of the case within four months of receiving records.
The case shall be disposed of within four months from the date of receipt of a copy of this judgment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 15TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943
OP(CRL.) NO. 79 OF 2021
(ORIGINAL AND SPECIAL JURISDICTION)
PETITIONER/ACCUSED(A6):
PRAVEEN AGED 39 YEARS S/O.BALACHANDRAN, MEKKE THURUTHAVILA VEEDU, VLATHANKARA P.O., THIRUVANANTHAPURAM 695 134. BY ADVS. R.T.PRADEEP SMT.M.BINDUDAS SRI.K.C.HARISH
RESPONDENT/STATE:
STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
SR.PP - SRI. HRITHWIK C.S.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15.11.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner is the 6th accused in C.C.No.849/2014 pending before the Judicial First Class Magistrate's Court, Neyyattinkara, where he along with other accused persons face allegations under Section 143, 147, 148 and 332 read with Section 149 of the IPC. The alleged incident had happened in 2013. The petitioner says that he is awaiting advise from the PSC for appointment as a Last Grade Servant in a government department and due to the pendency of the case, he apprehends that his chances of getting employment may be doomed. So he wants early disposal of the case. A report was called from the learned Magistrate. It is certain that the earlier report sent by the learned Magistrate was patently incorrect, so that, on the basis of the order of this Court dated 20.10.2021, a fresh report was called. From the report dated 02.11.2021, it is clear that the petitioner is the 6th accused and the trial has not yet been commenced. The learned Magistrate has sought eight months' time from the date of receipt of the records which were already called for by this Court, for disposal.
O.P(Crl).No.79 of 2021
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eight years have already elapsed, so that the case demands early disposal.
Any how, considering the fact that it is a case of more than eight years old, it shall be disposed within a period of four months from the date of receipt of a copy of this judgment. The entire records which were summoned by this Court shall also be forwarded to the learned Magistrate enabling him to dispose of the case within the time limit.
O.P.(Crl) is disposed of as above.
Sd/-
K.HARIPAL
JUDGE
Jms/15.11 //True Copy// P.A to Judge
O.P(Crl).No.79 of 2021
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APPENDIX OF OP(CRL.) 79/2021
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF FINAL REPORT DATED 26.3.2014 IN CRIME NO.384/2013 OF PARASSALA POLICE STATION.
1 issue framed by the court
Whether the case involving the petitioner as the Sixth accused, pending for over eight years, be disposed of within a specified time limit to prevent delay.
1 provisions across 1 enactments
PRAVEEN
STATE OF KERALA
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
