The Court disposed of a criminal miscellaneous case by accepting the petitioner's confined submission to expedite the underlying Grama Nyayalaya trial, directing the trial court to complete the trial within five months based on a褶 report.
Directed the Grama Nyayalaya to complete the trial within five months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
CRL.MC NO. 259 OF 2022
AGAINST THE ORDER/JUDGMENT ST 1457/2016 OF GRAMA NYAYALAYA,
CHADAYAMANGALAM
PETITIONER/3rd ACCUSED:
NAZAR
AGED 39 YEARS S/O. HAMZA RAWTHER, SULEKHA MANZIL, KARAKKAL, KARALIKONAM, ARKKANNOOR (PO), AYUR VIA, KOLLAM691533.
BY ADVS. P.CHANDRASEKHAR K.K.MOHAMED RAVUF SATHEESH V.T. MANJARI G.B.
RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 A.M. CHAKOCHAN MANGING PARTNER, AISWARYA GRANITES, ELAVINMOODU, ELAMADU VILLAGE, CHADAYAMANGALAM, KOLLAM RURAL, KOLLAM DISTRICT -691534
ADV VIPIN NARAYAN -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
The petitioner is the 3 rd accused in ST No. 1457/2016 on the files of Grama Nyayalaya, Chadayamangalam which arises from Crime No.1168/2015 of Chadayamangalam Police Station. The offences alleged against the petitioner are punishable under Sections 143, 147, 294(b), 341, 447 read with Section 149 of Indian Penal Code.
2 . The prosecution case is that, on 18.11.2012, the accused persons trespassed into a crusher unit and caused loss of Rs.10,80,000/- to the defacto complainant and a further some of Rs.4,30,000/- to the CW2. Annexure A1 is the FIR and Annexure A2 is the Final Report submitted by the police. The prayer sought
for by the petitioner in this Crl.M.C is to quash all further proceedings pursuant to Annexure A2
3 . After hearing for some time, learned counsel confined his relief to a direction to the learned Grama Nyayalaya to expedite the trial of the said case and to complete within a time
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frame fixed by this Court. When this submission was made on 08.12.2022, a report was called for from the Grama Nyayalaya as to the present status of the case and time required for completing the trial of said case.
4 . In response to the same, a report dated 14.12.2022
has been placed on record, wherein it is mentioned that, the trial can be completed within a period of five months. On going through the reasons mentioned in the report, I find that the period specified is reasonable.
In such circumstances, this Crl.M.C is disposed of directing the Grama Nyayalaya, Chadayamangalam, to complete the trial of S.T No.1457/2016 within a period of five months from the date of production of copy of this order.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
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Crl.M.C No.259 of 2022
APPENDIX OF CRL.MC 259/2022
PETITIONER ANNEXURES
| Annexure | A1 CERTIFIED COPY OF THE FIR AND FIR STATEMENT IN CRIME NO. 1168 OF 2015. |
|---|---|
| Annexure | A2 CERTIFIED COPY OF THE FINAL REPORT NO. 1479 DATED 10.08.2015 SUBMITTED BY CHADAYAMANGALAM POLICE BEFOR JFCM, KADAKKAL. |
| Annexure | A3 A TRUE COPY OF THE ATTENDANCE REGISTER OF GOVERNMENT MAPPILA U.P. SCHOOL, THALIPARAMABA FOR THE MONTH OCTOBER, 2016. |
| Annexure | A4 TRUE COPY OF ORDER NO. A4/1895/07 DATED 03.10.2016 OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT. |
| Annexure | A5 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. |
| Annexure | A6 TRUE COPY OF ARTICLE APPEARED IN MADHAYAMAM DAILY DATED 10.04.2017 REGARDING THE DEVASTATING EFFECT OF THE ILLEGAL QUARRYING ACTIVITIES. |
| Annexure | A7 TRUE COPY OF PROCEEDINGS DATED 18.10.2013 OF THE LAND BOARD KERALA AUTHORIZING TALUK LAND BOARD, KOTTARAKKARA TO TAKE ACTION AGAINST THE DE FACTO COMPLAINANT AND HIS FAMILY UNDER SECTION 87(1) OF KERALA LAND REFORMS ACT TO RECOVER EXCESS LAND. |
| Annexure | A8 TRUE COPY OF COMPLAINT DATED 05.04.2017 OF CHERIYAVELINALLOOR, ARAKKANNUR, KARALIKONAM ARE POURASAMITHY TO THE |
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HONOURABLE MINISTER FOR INDUSTRIES, GOVERNMENT OF KERALA LAND DEPARTMENT.
Annexure A9 TRUE COPY OF THE MINUTES OF THE STATE ENVIRONMENTAL ASSESSING COMMITTEE DATED 18.01.2016.
1 issue framed by the court
Whether the petitioner's prayer for quashing proceedings should be treated as a prayer for expediting the trial.
Nazar
State of Kerala
A.M. Chakochen
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
