Disposed

Salim.F, v. State of Kerala

Kerala HC7 Jun 2023Crl.MC/2055/2023

Case brief

AI extract

What is this about?

Private petition by an accused Civil Police Officer seeking directions to expedite trial. The High Court reviewed the Magistrate's report explaining delays due to pending old cases and staff constraints, and disposed of the petition by directing the Magistrate to act on his report.

What did the court decide?

Directed the learned Magistrate to act in terms of his report dated 6/06/2023 to expedite the trial.

Salim.F, Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
WEDNESDAY,THE7THDAYOFJUNE2023/17THJYAISHTA,1945
CRL.MCNO.2055OF2023
ST592/2021OFJUDICIALMAGISTRATEOFFIRSTCLASS,ALATHUR
PETITIONER/SOLEACCUSED:

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SALIM.F,
AGED47YEARS
S/O.LATE.FAKRUDHEEN,PALAMUKKHOUSE,AYILUR.P.O,
PALAKKAD-.,PIN-678510.

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BYADVV.A.JOHNSON(VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT & STATE:

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STATEOFKERALA
REPRESENTEDBYPUBLICPROSECUTOR,HIGHCOURTOF
KERALA,ERNAKULAM,PIN-682031.

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SRI.TRRENJITH,SRPP

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THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON
07.06.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING:

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Crl.M.C No. 2055 of 2023

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ORDER

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The petitioner is a Civil Police Officer. He is the accused in S.T.No.592/2021 on the files of the Judicial First Class Magistrate - I, Alathur. He has approached this Court seeking the issuance of directions to the learned Magistrate to expedite the trial proceedings. According to the petitioner, he is totally innocent and due to the pendency of the matter, his job prospects have seriously been affected.

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This Court, by an interim order dated 30.5.2023 had directed the Registry to get a report from the learned Magistrate. The report of the Magistrate has been placed before this Court. Paragraph 2 of the report reads thus:-

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“In this Court 725 numbers of 5 years old cases are pending. I am giving priority for disposing the five year old cases. Moreover APP appointed to this court is undergoing training and the APP attached to Gram Nyayalaya, Malampuzha is holding additional charge and is available only once in a week. The trial in this case has not yet started. It is also noticed that there is a connected case to this case taken cognisance for the offence punishable u/s 509 IPC as C.C.204/2021. It may also require to appoint another APP to consider both the cases together. In the said circumstances, I may require atleast 6 months time to dispose the case. It is humbly submitted that I shall take all earnest effort to dispose this case as expeditiously as possible.”

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Crl.M.C No. 2055 of 2023

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In view of the report submitted by the learned Magistrate, this petition is disposed of, directing the learned Magistrate to act in terms of the report dated 6/06/2023 and take the matter to its logical conclusion.

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This petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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Crl.M.C No. 2055 of 2023

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APPENDIX OF CRL.MC 2055/2023

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PETITIONER’SANNEXURES
AnnexureTRUECOPYOFTHEFINALREPORTIN
S.T.NO.592/2021OFTHECOURTOFJUDICIAL
FIRSTCLASSMAGISTRATE-I,ALATHUR.

Salim.F, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Salim.F, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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