The Court disposed of a criminal Miscellaneous Case filed by an accused seeking to expedite his criminal trial. Upon receiving a Magistrate's report confirming a feasible timeline of eight months, the Court directed the completion of proceedings within that period.
Directed the learned Magistrate to expedite the trial and complete proceedings within eight 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.
Crl.M.C.No.1435/19
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF JULY 2022 / 22ND ASHADHA, 1944
CRL.MC NO. 1435 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 1079/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,PALAKKAD
PETITIONER/SOLE ACCUSED:
SAJESH P., AGED 45 YEARS, S/O MADHAVAN, MEERA NIVAS, SANKARANELLUR P.O., KUTHUPARAMBA, KANNUR DISTRICT.
BY ADVS. SRI.J.RAMKUMAR SMT.AMRIN FATHIMA SRI.P.J.JOSEPH JOHN
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, PALAKKAD (PALAKKAD DISTRICT) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 RAJEEV REDDY, AGED 35 YEARS S/O SRINIVAS REDDY, NO-12, RANRAJA HILLS, HYDERABAD, ANDHRA PRADESH-500 034.
SRI.M.P.PRASHANT- SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1435/19
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O R D E R
This Crl.M.C. is filed by the petitioner who is the accused in C.C.No.1079 of 2018 on the file of Judicial First Class Magistrate CourtIII, Palakkad. Even though the Crl.M.C. was filed for quashing the proceedings on merit, when it came up for consideration, the learned counsel for the petitioner confines his relief for a direction to the learned Magistrate to expedite the trial and complete the proceeding thereof. Accordingly, on 27.06.2022 a report was called for from the learned Magistrate as to the status of the case and also as to the time required for completing the proceedings. In response to the same, a report dated 04.07.2022 has been placed on record, wherein it is mentioned that, summons is issued to CW1, but so far he has not appeared. However, the learned Magistrate has mentioned that within a period of eight months; the trial of the same can be concluded. Considering the facts and circumstances of the case, I find that the period mentioned by the learned Magistrate is reasonable. Accordingly, this Crl.M.C. is disposed of directing the learned Magistrate to expedite the trial and complete the proceedings thereof within a period of eight months from the date of receipt of a copy of this Judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
DG/14.7.22
Crl.M.C.No.1435/19
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APPENDIX OF CRL.MC 1435/2019
PETITIONER ANNEXURES
| ANNEXURE A1 | A CERTIFIED COPY OF THE FIR NO.41/2013 OF THE RAILWAY POLICE STATION, PALAKKAD DATED 12.6.2013 IN THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALAKKAD |
|---|---|
| ANNEXURE A2 | A TRUE COPY OF CRIME 27/2013 OF THE PALAKKAD RAILWAY POLICE FORCE DATED 11.6.2018 |
| ANNEXURE A3 | A TRUE COPY OF SEIZURE MAHAZAR DATED 20.6.2013 |
| ANNEXURE A4 | A CERTIFIED COPY OF FINAL REPORT MADE IN ANNEXURE A1 DATED 30.5.2017 |
| ANNEXURE A5 | A TRUE COPY OF ORDER IN CMP.3242/2013 IN CRIME NO.28/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATES COURT NO.III, PALAKKAD DATED 17.6.2013 |
| ANNEXURE A6 | A TRUE COPY OF JUDGMENT DATED 14.2.2017 IN CC.78/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOZHIKODE |
| ANNEXURE A7 | A TRUE COPY OF JUDGMENT IN CC.3825/2013 BEFORE THE JFCM II, PALAKKAD DATED 30.7.2016 |
| ANNEXURE A8 | A TRUE COPY OF JUDGMENT IN CC.3392/2013 BEFORE THE JFCM III, PALAKKAD DATED 30.7.2016 |
| ANNEXURE A9 | A TRUE COPY OF JUDGMENT IN CC.3391/2013 BEFORE JFCM III, PALAKKAD DATED 30.7.2016 |
| ANNEXURE A10 | A TRUE COPY OF JUDGMENT IN CC.3826/2013 BEFORE JFCM III, PALAKKAD DATED 30.7.2016 |
| ANNEXURE A11 | A TRUE COPY OF JUDGMENT IN CC.3823/2013 |
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| BEFORE JFCM III, PALAKKAD DATED 30.7.2016 | |
|---|---|
| ANNEXURE A12 | A TRUE COPY OF JUDGMENT IN CC.3389/2013 BEFORE JFCM III, PALAKKAD DATED 8.9.2016 |
| ANNEXURE A13 | A TRUE COPY OF JUDGMENT IN CC.3390/2013 BEFORE JFCM III, PALAKKAD DATED 30.7.2016 |
| ANNEXURE A14 | A TRUE COPY OF JUDGMENT IN CC.3387/2013 BEFORE JFCM III, PALAKKAD DATED 8.9.2016 |
| ANNEXURE A15 | A TRUE COPY OF JUDGMENT IN CC.3388/2013 BEFORE JFCM III, PALAKKAD DATED 8.9.2016 |
| ANNEXURE A16 | A TRUE COPY OF JUDGMENT IN CC.3533/2013 BEFORE JFCM III, PALAKKAD DATED 8.9.2016 |
| ANNEXURE A17 | A TRUE COPY OF JUDGMENT IN CC.3684/2013 BEFORE JFCM III, PALAKKAD DATED 8.9.2016 |
| ANNEXURE A18 | A TRUE COPY OF ENQUIRY REPORT AGAINST IN DETECTING OFFICER INVESTIGATING OFFICER DATED 23.11.2016 |
| ANNEXURE A19 | A TRUE COPY OF UNDATED REPLY TO AN R.T.I. |
| ANNEXURE A20 | A TRUE COPY OF JUDGMENT IN CRL.MC.7199/2018 DATED 16.11.2018 |
| ANNEXURE A21 | A TRUE COPY OF THE ACADEMIC AND PROFESSIONAL CHRONICLE OF THE PETITIONER |
| ANNEXURE P22 | A TRUE COPY OF THE STATEMENT OF WITNESSES IN CRIME NO.41/2013 RAILWAY POLICE STATION, PALAKKAD WHICH WAS PRODUCED ALONG WITH CHARGE SHEET BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PALAKKAD |
| ANNEXURE P23 | A TRUE COPY OF THE REPORT FILED BY THE SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, PALAKKAD IN CRIME NO.41/2013 OF THE RAILWAY POLICE STATION, PALAKKAD BEFORE THE HON'BLE JUDICIAL FIRST CLASS |
Crl.M.C.No.1435/19
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MAGISTRATE COURT-III, PALAKKAD
ANNEXURE P24 A TRUE COPY OF THE LETTER DATED 9/10/2013 ISSUEDBY SUPERINTENDENT OF POLICE, RAILWAYS, THIRUVANANTHAPURAM TO THE SUPERINTENDENT OF POLICE, RAILWAYS, BANGALORE.
2 issues framed by the court
Whether the learned Magistrate reported a reasonable timeline for concluding the trial.
Whether the petitioner is entitled to direction for expediting the criminal trial.
SAJESH P.
STATE OF KERALA
RAJEEV REDDY
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
