Disposed

Liju v. State of Kerala

Kerala HC26 May 2023OP(Crl.)/372/2023

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam heard a petition filed by four accused persons seeking expeditious disposal of a criminal case (C.C. No. 63/2017). Noting that the prosecution failed to produce witnesses despite non-bailable warrants, the Court directed the trial court to dispose of the case with expeditious dispatch within six months from the receipt of the order.

What did the court decide?

Direction to the trial court to dispose of C.C. No. 63/2017 expeditiously within six months from receipt of this order.

Liju Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

FRIDAY, THE 26TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945

¶5

OP(CRL.) NO. 372 OF 2023

¶6

AGAINST THE ORDER/JUDGMENTCC 63/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS , (MUNSIFF MAGISTRATE COURT) ADIMALI

¶7

PETITIONER/S:

¶8

1 LIJU

¶9

AGED 33 YEARS
S/O. JOSEPH, CHIRACKAL HOUSE, IRUTTALA, BISONVALLEY,
POTTANKADAVU P.O., IDUKKI, PIN - 685565

¶10

2 VIJAY RAJAN AGED 32 YEARS

¶11

S/O RAJAN, GANESH BHAVAN, MUNNAR P.O., IDUKKI, PIN - 685612

¶12

3 VISHNU MURUGAN AGED 32 YEARS S/O MURUGAN, 6TH ROOM LANE, NEAR 1B COTTAGE, SILENT VALLEY ROAD, MUNNAR, IDUKKI, PIN - 685612

¶13

4NIJU
AGED 30 YEARS
S/O GEORGE, KDHP WORKSHOP QUARTERS, KDH VILLAGE, MUNNAR,
IDUKKI, PIN - 685612
BY ADVS.
ELIZEBATH GEORGE
M.S.RADHAKRISHNAN NAIR

¶14

RESPONDENT/S:

¶15

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

¶16

2 SUB INSPECTOR OF POLICE RAJAKKAD POLICE STATION, IDUKKI DISTRICT, PIN – 685566

¶17

SMT.SREEJA V. (PP)

¶18

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26.05.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

BECHU KURIAN THOMAS, J.

¶20

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

¶21

OP(Crl.)No.372 of 2023

¶22

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

¶23

Dated this the 26^th day of May 2023

¶24

JUDGMENT

¶25

Petitioners are accused Nos. 1 to 4 in C.C.No.63/2017 on the files of the Judicial First Class Magistrate Court, Adimaly. Petitioners seek expeditious disposal of the aforesaid case.

¶26

On the date of admission, this Court called for a report from the learned Magistrate. By communication dated 20.05.2023, it was informed that even though the charge was framed on 01.08.2018, prosecution has failed to produce the witnesses, despite issuance of nonbailable warrants. The learned Magistrate has sought four months time to dispose of the case.

¶27

Having regard to the circumstances of the case I am satisfied that a direction can be issued to dispose of the above mentioned criminal case in a time bound manner

¶28

Accordingly, there will be a direction to the Judicial First Class Magistrate Court, Adimaly to take steps to dispose of C.C.No.63/2017 pending on its files, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of this order

¶29

The original petition is disposed of accordingly.

¶30

sd/

¶31

BECHU KURIAN THOMAS

¶32

JUDGE

¶33

jm/

¶34

APPENDIX OF OP(CRL.) 372/2023

¶35

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE FINAL REPORT IN CC NO. 63 OF
2017
Exhibit P2TRUE COPY OF THE PROCEEDINGS TOOK FROM E-COURTS
SHOWING THE POSTING OF THE CASE

Liju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Liju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anitha P George Vs State Police Chief

K.M.Yousuf Vs Ahammad Kunju

M.S.Pillai Vs Meenakshi Plastic Industries

Shafeeque Vs State of Kerala

Umaiba Vs Abdul Nazeer @ Rasheed

Amjith Vs State of Kerala