Disposed

Akhil Raj Pallissery, v. the State of Kerala

Kerala HC24 May 2023OP(Crl.)/154/2023

Case brief

AI extract

What is this about?

The High Court of Kerala refused to direct the trial court to dispose of the petitioner's criminal case rapidly. The court declined to overlook prior pending cases and pandemic delays, but allowed the petitioner to approach the trial court for priority.

What did the court decide?

Original petition disposed of; petitioner allowed to approach the Magistrate for earlier disposal.

Akhil Raj Pallissery, Vs the 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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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
OP(CRL.) NO. 154 OF 2023

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AGAINST THE ORDER/JUDGMENTST 28/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA

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PETITIONER/ACCUSED:

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AKHIL RAJ PALLISSERY,
AGED 38 YEARS
S/O. K.S.REHNAKUMAR, RESIDING AT ARANYA NIVAS, VENDAR,
KOTTRAKKARA, P.O. KOLLAM DISTRICT, PIN - 691307
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.

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RESPONDENTS/COMPLAINANT:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, PIN - 691506

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OTHER PRESENT:

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PP SRI.NOUSHAD K.A

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 154 OF 2023

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BECHU KURIAN THOMAS, J.

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O.P. (Crl) No.154 of 2023

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Dated this the 24^th day of May, 2023

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JUDGMENT

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Petitioner is the accused in S.C. No.28/2021 on the files of the

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Judicial First Class Magistrate's Court-I, Kottarakkara alleging offences punishable under Section 279 of the Indian Penal Code, 1860, apart from Section 185 of the Motor Vehicle Act, 1988.

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The learned counsel for the petitioner submitted that since the petitioner is required to travel abroad for employment, the pendency of this case is a burden and therefore unless the case is disposed of at the earliest petitioner would be prejudiced.

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Though the alleged reason put forth by the petitioner may be genuine, I am of the view that considering the date of registration of the crime, which was only in November 2020; and cognizance have been taken only in 2021, it would not be proper for this Court to issue a direction to the trial court to dispose of the matter in a time bound manner, overlooking the claims of several other cases filed prior to 2021. The covid-19 pandemic which had created disarray in the disposal of the cases, before the trial Courts is also a fact that should

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OP(CRL.) NO. 154 OF 2023

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weigh in mind of this Court. Therefore, I decline to exercise the jurisdiction to issue a direction to dispose of the case expeditiously.

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However, having regard to the reason stated by the learned counsel for the petitioner, I am of the view that despite this Courts refusal to issue a direction, it will be open to the petitioner to approach the learned Magistrate itself with a prayer for earlier disposal of the case and if the circumstances warrant the learned Magistrate will be free to give priority if the reasons stated are found satisfactory.

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With the observations, this original petition is disposed of.

Sd/-

BECHU KURIAN THOMAS

JUDGE

AJM

OP(CRL.) NO. 154 OF 2023

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APPENDIX OF OP(CRL.) 154/2023

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PETITIONER EXHIBITS
Exhibit-P1A TRUE COPY OF THE CHARGE SHEET DATED
06-01-2021 BY THE 2ND RESPONDENT
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, KOTTARAKKARA
Exhibit-P2A TRUE COPY OF THE AGREEMENT DATED 01-
12-2020 EXECUTED BETWEEN THE
PETITIONER AND OWNER OF THE RECOVERY
VAN

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//TRUE COPY//

Akhil Raj Pallissery, v. the State of Kerala

Case brief

What is this about?

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Akhil Raj Pallissery, v. the State of Kerala

Case brief

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