In this Criminal Original Petition, the High Court directed the trial court to dispose of C.C. No. 2434/2017 expeditiously within eight months, reducing the requested timeline from 12 to accommodate pending witness examination.
Direction to the lower court to dispose of the criminal case within eight months of receipt of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 12TH DAY OF JULY 2023 / 21ST ASHADHA, 1945
OP(CRL.) NO. 490 OF 2023
AGAINST THE ORDER/JUDGMENT,CC 2434/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS,NEYYATTINKARA (TEMPORARY)
PETITIONER/3RD ACCUSED:
VYASAN.S
AGED 37 YEARS
S/O.SUSEELAN, PLAVARATHALA VEEDU, KOTTUKAL,
NEYYATTINKARA, THIRUVANANTHAPURAM – 695 501.
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM – 682 031.
PUBLIC PROSECUTOR – SRI. C.N PRABHAKARAN
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (Crl). No. 490 of 2023
2
BECHU KURIAN THOMAS, J.
…………………...………………………
OP (Crl). No. 490 of 2023
………………………………..……………………… Dated this the 12th day of July, 2023
JUDGMENT
Petitioner seeks for an expeditious disposal of C.C No. 2434/2017 pending before the Judicial First Class Magistrate Court -VII (Temporary Court), Neyyattinkara. On the date of admission, this Court called for a report from the learned Magistrate. By communication dated 03.7.2023, it was informed that though there are nine witnesses to be examined in the case and summons have already been issued to CW1 to CW3, considering the volume of cases pending in that court, a period of 12 months may be granted for disposal of the case.
OP (Crl). No. 490 of 2023
3
pending on its files, as expeditiously as possible, at any rate within a period of eight months from the date of receipt of the copy of this
judgment.
Sd/-
BECHU KURIAN THOMAS JUDGE
Rvm
OP (Crl). No. 490 of 2023
4
APPENDIX OF OP(CRL.) 490/2023
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE ORDER SHEET IN CC
2434/2017 ON THE FILES OF JFCM-VII (TEMPORARY
COURT), NEYYATTINKARA.
1 issue framed by the court
Whether to expedite disposal of the pending criminal case.
VYASAN.S
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court