This writ petition challenging inordinate delay in a criminal trial (C.C. No. 80/2004) was disposed of. The court directed the Chief Judicial Magistrate to complete the trial within six months, deeming the magistrate's estimate reasonable.
Directed the Chief Judicial Magistrate Court, Ernakulam to dispose of C.C. No. 80/2004 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 14TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944
WP(C) NO. 4710 OF 2021
C.C.NO.80/2004 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
PETITIONER/S:
BY ADVS. SHAIJAN C.GEORGE SMT.NEEBA A.B. SMT.ANJU TREESA GEORGE
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 14th day of October, 2022
The petitioners are the accused in C.C. No.80/2004 pending before the Chief Judicial Magistrate's Court, Ernakulam. The grievance highlighted by the petitioners in this writ petition is regarding the inordinate delay completing the trial in the said case. On account of the same, they seek for an order to terminate the prosecution against them in the aforesaid Calendar Case. It is contended that, the cognizance in this case was taken in the year 2004 and the crime was of the year 2001. The trial has not been completed so far. According to the petitioners, pendency of this case is causing serious prejudice.
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Magistrate as to the present status of the said case and also to convey the time required for completing the trial of the said case. In response to the same, a report dated 11.10.2022 has been placed on record, wherein it is mentioned that, Cws 7 and 10 to 23 are to be examined in this case, in which Cws 8 and 9 were reported to be no more. Though process were being repeated against CWs 7 and 10 to 23 from 01.02.2016 onwards, their presence could not be secured so far. Now the matter is posted on 22.11.2022 for examination of CWs 7, 10 to 23 and CWs 14 to
In the result, the writ petition is disposed of directing the Chief Judicial Magistrate Court, Ernakulam to dispose of C.C. No.80/2004 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 WP(C) 4710/2021
| PETITION | ER EXH | IBITS |
|---|---|---|
| EXHIBIT | P1 | A TRUE COPY OF THE COMPLAINT C.M.P.NO.14390/2001 PREFERRED BY THE 3RD RESPONDENT AGAINST THE PETITIONERS. |
| EXHIBIT | P2 | A TRUE COPY OF THE CHARGE IN CRIME NO.732/2001 DATED 15.10.2003. |
| EXHIBIT | P3 | A TRUE COPY OF THE COURT CHARGE FRAMED AGAINST THE PETITIONERS DATED 17.10.2007. |
| EXHIBIT | P4 | A TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.3780/2012 DATED 18.12.2012. |
| EXHIBIT | P5 | A TRUE COPY OF THE PETITION IN C.M.P.1786/2020 IN C.C.NO.80/2004 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. |
| EXHIBIT | P6 | A TRUE COPY OF THE ORDER OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, ERNAKULAM IN C.M.P.1786/2020 IN C.C.NO.80/2004 DATED 24.12.2020. |
| EXHIBIT | P7 | A TRUE COPY OF THE B DIARY IN C.C.NO.80/2004. |
3 issues framed by the court
Whether the high court can direct the magistrate to dispose of a long-pending criminal trial within a fixed period to prevent prejudice to the accused.
Whether the petitioner is entitled to termination of prosecution due to inordinate delay in trial.
Whether the time limit suggested by the learned magistrate for completing the trial is reasonable.
K. THULASIDASAN
GIRIJA THULASIDHARAN
STATE OF KERALA
K.RAMESAN
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
