Disposed

Swopna Lekha v. State of Kerala

Kerala HC2 Jun 2023OP(Crl.)/276/2023

Case brief

AI extract

What is this about?

The petition sought expedited disposal of a criminal case (C.C. No. 1157/2016) before the Judicial First Class Magistrate, Neyyattinkara, where the Magistrate took charge only after a significant delay and claimed eight months would be needed. The High Court granted an outer period of 12 months for disposal.

What did the court decide?

Direction to dispose of C.C. No. 1157/2016 at any rate within an outer period of 12 months from the date of receipt of the judgment copy.

Swopna Lekha 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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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945

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OP(CRL.) NO. 276 OF 2023

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AGAINST THE ORDER/JUDGMENTCC 1157/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III,NEYYATTINKARA

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PETITIONER/DEFACTO COMPLAINANT:

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SWOPNA LEKHA
AGED 55 YEARS
D/O. GOMATHY, DEEPAM, PALOTTUKONAM, PALLICHAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695020

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BY ADV R.GOPAN

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RESPONDENT:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031

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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
02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 276 OF 2023

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BECHU KURIAN THOMAS, J.

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O.P.(Crl) No.276 of 2023

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Dated this the 2^nd day of June, 2023

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JUDGMENT

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Petitioner seeks for a direction to the Judicial First Class Magistrate’s Court-III, Neyyattinkara to dispose of C.C.No.1157/2016 as expeditiously as possible. At the time of admission, this Court directed the Registry to obtain a report from the learned Magistrate. By communication dated 29-05-2023, it has been informed that the learned Magistrate had taken charge only on 18-05-2022 and that period of eight months may be required for the disposal of this case.

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Having regard to the circumstances of the case and also the alleged date of commission of offence being in the year 2014, I am of the view that a period of 12 months can be granted to the learned Magistrate to dispose of the case.

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Accordingly, there will be a direction to the Judicial First Class Magistrate Court-III, Neyyattinkara to dispose of C.C.No.1157/2016 as expeditiously as possible, at any rate, within an outer period of 12 months from the date of receipt of a copy of this judgment.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM/2/6/23

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OP(CRL.) NO. 276 OF 2023

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APPENDIX OF OP(CRL.) 276/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF CMP NO. 1468/2014 FILED
BY THE PETITIONER BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-III,
NEYYATTINKARA DATED 29.1.2014
Exhibit P2TRUE COPY OF THE ORDER SHEET IN C.C.
NO. 1157/2016 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, NEYYATTINKARA

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//TRUE COPY//

Swopna Lekha v. State of Kerala

Case brief

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Swopna Lekha v. State of Kerala

Case brief

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