The High Court declined to quash criminal proceedings under Section 482 Cr.P.C. as involvement is a question of fact. Instead, after noting severe pendency, it fixed a six-month time limit for the trial completion. Disposition: Order passed.
Directions issued to dispose of C.C. No.154/2016 within six 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 9TH DAY OF DECEMBER 2022/18TH AGRAHAYANA, 1944
CRL.MC NO. 3725 OF 2022
AGAINST THE ORDER/JUDGMENTCC 154/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,THRISSUR
PETITIONER/S:
PRAVEEN TP AGED 31 YEARS S/O PUSHPAN, THOTTIPARAMBIL HOUSE, PULINCHODE, MAROTTICHAL, KKALLURVILLNGE, THISSUR., PIN - 680014 BY ADVS. K.B.PRADEEP HARISANKAR R JEEVAN KRISHNAKUMAR
RESPONDENT/S:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 9th day of December, 2022
The petitioner is the 21st accused in C.C. No.154/2016 on the files of the Judicial First Class Magistrate’s Court-III, Thrissur. The offences alleged against the petitioner and other accused are under Sections 143, 147, 447, 294(b), 506, 342 read with Section 149 of the Indian Penal Code.
Crl.M.C.No.3725/2022
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appearing for the petitioner and Sri. M.P. Prasanth, the learned Senior Public Prosecutor for the State.
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investigation he was implicated as accused. The question as to the involvement of the petitioner is a matter which has to be considered after appreciating the evidence to be adduced during the course of trial. Since the said question being a question of fact, it cannot be adjudicated in a proceeding under Section 482 Cr.P.C. and therefore I do not find any reason to interfere with the proceedings at this juncture.
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the time for completing the trial as six months.
In the result, the Crl.M.C. is disposed of directing the learned Judicial First Class Magistrate Court-III, Thrissur to dispose of C.C. No.154/2016 within a period of six months from the date of production of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
ncd
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APPENDIX OF CRL.MC 3725/2022
PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT DATED 16-03- 2010 IN C.C NO.154/2016 IN THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE ' S COURT-III, THRISSUR
3 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. solely on the ground of false implication without evidence.
Whether the High Court can direct expedited trial when the learned Magistrate reports severe pendency.
The appropriate time limit for disposing of the pending trial given the court's burden.
8 provisions across 2 enactments
PRAVEEN TP
STATE OF KERALA
SUB INSPECTOR OF POLICE OLLUR
VINCENT P.K
ZIYAD RAHMAN A.A
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
