Fifth accused in a pending criminal case sought expedited disposal and framing of charges. After the Magistrate reported other accused were discharged or abated, the High Court directed disposal within six months.
Direction to the Magistrate to dispose of C.C.No.247/2016 within six months; original petition disposed accordingly.
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.
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OP(CRL.) NO. 13 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
OP(CRL.) NO. 13 OF 2024
AGAINST THE ORDER/JUDGMENT CC 247/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NEDUMKANDOM
PETITIONER/S:
ABRAHAM MATHAI
AGED 71 YEARS
S/O MATHAI KEEPPANASSERIL HOUSE SEENAPATHY PO
KANTHIPARA VILLAGE IDUKKI, PIN - 685566
BY ADVS.
TREESA SHAJI
SHAJI K. KURIAN
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2THE DETECTIVE INSPECTOR
CRIME BRANCH, CRIME INVESTIGATION DEPARTMENT (CBCID)
EOW II, KOTTAYAM. (CRIME NO.114/2008 OF SANTHANPARA
POLICE STATION RE-REGISTERED AS CRIME
NO.185/CR/KTM/2008 CBCID, KOTTAYAM), PIN - 686001
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 13 OF 2024
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BECHU KURIAN THOMAS, J.
======================== OP(Crl.)No.13 of 2024
------------------------------------------------
Dated this the 1st day of February, 2024
JUDGMENT
Petitioner is the 5th accused in C.C.No.247/2016 on the files of the Judicial First Class Magistrate Court, Nedumkandom. He seeks for a direction for speedy disposal of the said case and to frame charges on the next posting date.
OP(CRL.) NO. 13 OF 2024
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Magistrate to dispose of C.C.No.247/2017 on the files of the Judicial First Class Magistrate Court, Nedumkandom as expeditiously as possible, at any rate within a period of six months from today.
The original petition is disposed of accordingly.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
OP(CRL.) NO. 13 OF 2024
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APPENDIX OF OP(CRL.) 13/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE CHARGE SHEET IN CC 247 OF
2016 DATED 30.01.2016
Exhibit P2A TRUE COPY OF THE DISCHARGE PETITION FILED
BY THE PETITIONER AND A9 BEFORE THE JUDICIAL
FIRST-CLASS MAGISTRATE COURT, NEDUMKANADAM
DATED 29.08.2022
Exhibit P3THE TRUE COPY OF THE REPORT FILED BY THE 2ND
RESPONDENT DATED 15.09.2022
Exhibit P4THE TRUE COPY OF THE ORDER IN CMP NO.
4382/2022 IN CC 247/2016 DATED 15.05.2023
Exhibit P5THE TRUE COPY OF THE STATEMENT SAID TO HAVE
BEEN MADE BY CW6 BEFORE THE POLICE DATED NIL
Exhibit P6A COPY OF THE SAID HISTORY OF CASE HEARING
GENERATED FROM THE OFFICIAL WEBSITE 'E-FILING
SERVICES' UNDER THE DEPARTMENT OF E-COMMITTEE
SUPREME COURT OF INDIA
1 issue framed by the court
Whether the trial court should be directed to expedite framing of charge and disposal of C.C. No. 247/2016 against the petitioner.
ABRAHAM MATHAI
STATE OF KERALA
THE DETECTIVE INSPECTOR, CRIME BRANCH, CBCID, EOW II, KOTTAYAM
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court