Disposed

P v. Cherian v State of Kerala

Kerala HC11 Jul 2023OP(Crl.)/178/2023

Case brief

AI extract

What is this about?

Petitioner sought directions to dispose of CC No. 2891 of 2017 pending before the Judicial First Class Magistrate's Court, Adoor. Court found the two-year timeframe requested by the Magistrate excessive given the case age and low witness count, directing disposal within 12 months.

What did the court decide?

Direction issued to the learned Magistrate to dispose of C.C. No. 2891 of 2017 within 12 months.

P v Cherian Vs State of Kerala — Criminal Trial and Appeal | 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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TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
OP(CRL.) NO. 178 OF 2023

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AGAINST THE ORDER/JUDGMENTCC 2891/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR

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PETITIONER:

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P V CHERIAN
AGED 75 YEARS,
S/O P.C. VARGHESE,
KIPPS COLONY, DR GULFPORT FL33707,USA HAVING ADDRESS IN
INDIA AT GLORY BHAVAN, KODUKULANJI, KERALA-689508, PIN
- 689508

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BY ADVS.
VINAY MATHEW JOSEPH
M.A.SHAJI
PHILIP MATHEW
K.R.JINAN

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RESPONDENTS:

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1STATE OF KERALA
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -,
PIN - 682031
2SHEEBA ABRAHAM
AGED 49 YEARS
MUNDAKKATHIL HOUSE, KATTUKARA VILLAGE, THIRUVALA TALUK,
PATHANAMTHITTA , KERALA, PIN - 689101
3JOHNSON KP
AGED 60 YEARS
S/O PAULOSE RESIDING AT EBENEZER CHURCH, MYLAKKADU,
ANJILTHANAM KERALA, PIN - 689582

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN-SR.PP

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 178 OF 2023

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BECHU KURIAN THOMAS, J.

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O.P.(Crl) No.178 of 2023

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Dated this the 11^th day of July, 2023

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JUDGMENT

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Petitioner seeks for a direction to dispose of C.C.No.2891 of 2017 on the files of the Judicial First Class Magistrate's Court, Adoor.

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On the date of admission this Court called for a report from the learned Magistrate. By communication dated 30.06.2023, it was informed that, considering the large volume of cases pending before the court, a period of two years would be required in the normal course, to dispose of the aforesaid case. It was also informed that more than 30,000 cases are pending before the court and out of them 14,120 cases are five year old cases. Hence, a time limit of two years was sought.

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I have heard learned Public Prosecutor also. Since respondents 2 and 3 are accused in the case and considering the nature of order that I propose to issue, notice to the said respondents are dispensed with.

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Reckoning the circumstances of the case especially the fact that there are only 17 witnesses mentioned in the final report to be examined as witnesses, I am of the view that the time of two years is

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OP(CRL.) NO. 178 OF 2023

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too long a period to dispose of the said case. Since the case is of the year 2017, almost six years have elapsed from the date of taking cognizance. Therefore, I am of the view that a direction can be issued to dispose of the aforementioned case in a time bound manner.

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Accordingly, there will be a direction to the learned Judicial First Class Magistrate's Court, Adoor to dispose of C.C.No. 2891 of 2017 as expeditiously as possible, at any rate, within a period of 12 months form the date of receipt of a copy of this judgment.

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The original petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM/12/7/23

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OP(CRL.) NO. 178 OF 2023

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APPENDIX OF OP(CRL.) 178/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE FIR BEING 45/2016
BEFORE THE ENATHU POLICE STATION
Exhibit2TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER NUMBERED AS CMP
3750/2015
Exhibit P3TRUE COPY OF THE ORDER DATED
18.03.2009 IN CC 104/2008 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE,
CHENGANUR
Exhibit P4TRUE COPY OF THE CASE STATUS AND
RECORD OF PROCEEDINGS IN CC 2891/2017
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE, ADOOR
Exhibit P5THE TRUE COPY OF THE CERTIFICATE
ISSUED BY DR. PETER V CHERIAN MD
ATTACHED TO BAY PINES HEALTHCARE
SYSTEM, 10000 BAY PINES BLVD, BAY
PINES, FL 33744 UNDER US DEPARTMENT OF
VETERANS AFFAIRS DATED 19.05.2023

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//TRUE COPY//

P v. Cherian v State of Kerala

Case brief

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P v. Cherian v State of Kerala

Case brief

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