Allowed

Sunilkumar.S v. State of Kerala

Kerala HC6 Jun 2023OP(Crl.)/207/2023

Case brief

AI extract

What is this about?

Single judge allowed a criminal petition for expeditious disposal of C.C. No. 148/2015. Court directed the Chief Judicial Magistrate, Palakkad, to dispose of the case pending on its files without much delay, noting the petitioner's previous absconding.

What did the court decide?

Direction to the Chief Judicial Magistrate, Palakkad to dispose of C.C. No. 148/2015 pending on its files without much delay.

Sunilkumar.S 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 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945

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OP(CRL.) NO. 207 OF 2023

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AGAINST THE ORDER/JUDGMENT IN CC 148/2015 OF CHIEF JUDICIAL MAGISTRATE PALAKKAD

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PETITIONER/S:

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SUNILKUMAR.S
AGED 48 YEARS
S/O SUBRAMANIYAN , DHANALAKSHMI NIVAS VENNAKARA
PUTHUPARYARAM P.O PALAKADU DISTRICT ., PIN - 678731
BY ADV K.S.DHANESH KUMAR

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RESPONDENT/S:

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

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2 INSPECTOR OF POLICE

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PALAKKAD TOWN POLICE STATION ,PALAKKAD DISTRICT, PIN -
678013

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OTHER PRESENT:

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PP SMT.SREEJA V

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BECHU KURIAN THOMAS, J.

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========================

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OP(Crl.)No.207 of 2023

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------------------------------------------------

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Dated this the 6^th day of June 2023

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JUDGMENT

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Petitioner is one of the accused in C.C.No.148/2015 on the files of the Chief Judcial Magistrate Court, Palakkad. Petitioner seeks for an expeditious disposal of the aforesaid case.

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On the date of admission, the Registry was directed to obtain instructions from the learned Magistrate. As per communication dated 29.03.2023, it was informed that a period of six months is required to dispose of the aforesaid case.

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From the information furnished by the learned Magistrate, it is seen that petitioner and other accused had absconded and the case was transferred to the Long Pending Register. Petitioner was subsequently produced on production warrant and the case was refiled as C.C.No.148/2015.

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Having regard to the fact that the petitioner was absconding, I am of the view that it is not proper for this Court to issue a direction to dispose of the case in a time bound manner. The time for disposal can certainly be fixed by the learned Magistrate.

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Hence, there will be a direction to the Chief Judcial Magistrate, Palakkad to dispose of C.C.No.148/2015 pending on its files, without much delay.

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The original petition is disposed of accordingly.

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sd/

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BECHU KURIAN THOMAS JUDGE

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jm/

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APPENDIX OF OP(CRL.) 207/2023

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PETITIONER EXHIBITS
Exhibit P1CERTIFIED COPY OF FIR NO:566 OF 2008 OF
PALAKKAD TOWN NORTH POLICE STATION DATED
28.11.2008
Exhibit P2CERTIFIED COPY OF THE FINAL REPORT DATED
30.06.2009 IN CRIME 566 OF 2008 OF PALAKKAD
TOWN NORTH POLICE STATION

Sunilkumar.S v. State of Kerala

Case brief

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Sunilkumar.S v. State of Kerala

Case brief

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