The High Court of Kerala rejected a request for a time-bound disposal of a criminal case. Relying on Supreme Court observations against judicial interference in court priorities, the court advised the petitioner to seek priority directly from the presiding magistrate.
Petitioner's Original Petition for time-bound disposal was dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
OP(CRL.) NO. 27 OF 2024
CRIME NO.369/2018 OF Chirayinkeezhu Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.189 OF 2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - III, ATTINGAL (TEMPORARY)
PETITIONER/ACCUSED NO.7:
SRAVAN
AGED 26 YEARS
S/O MANOHARAN, HILL PALACE, PERUMKUZHI DESOM,
NALLUMUKKU, AZHOOR VILLAGE, THIRUVANANTHAPURAM,, PIN -
695305
BY ADV M.R.SARIN
RESPONDENTS:
1 STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 SUB- INSPECTOR OF POLICE CHIRAYINKIL POLICE STATION THIRUVANANTHAPURAM DISTRICT -, PIN - 6953043 THE CIRCLE INSPECTOR OF POLICE CHIRAYINKIL POLICE STATION THIRUVANANTHAPURAM DISTRICT -, PIN - 695304OTHER PRESENT:
SRI. NOUSHAD K.A. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 27 OF 2024
2
BECHU KURIAN THOMAS, J.
O.P.(Crl) No. 27 of 2024
Dated this the 6th day of March, 2024
JUDGMENT
Petitioner seeks for a speedy disposal of C.C.No.189 of 2019 on the files of the Judicial First Class Magistrate’s CourtIII, Attingal. Petitioner is the seventh accused in the above case.
3
OP(CRL.) NO. 27 OF 2024
Magistrate Court-III, Attingal. However, it will be open to the petitioner to make a request to the learned Magistrate, who shall be at liberty to consider granting an out-of-term priority to the petitioner, if circumstances so warrant, notwithstanding the disinclination of this Court to issue such directions.
With the above observations, this original petition is dismissed.
BECHU KURIAN THOMAS JUDGE
AJM
OP(CRL.) NO. 27 OF 2024
4
APPENDIX OF OP(CRL.) 27/2024
PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF THE FIR IN
CRIME NO 369/2018 REGISTERED BY THE
2ND RESPONDENT
Annexure A2THE TRUE COPY OF THE E COURT
PROCEEDINGS CC NO 189/2019 ON THE
FILE OF THE COURT OF THE JUDICIAL
FIRST-CLASS MAGISTRATE COURT III,
ATTINGAL
TRUE COPY
1 issue framed by the court
Whether the High Court should issue a specific direction for time-bound disposal of a criminal case pending for five years.
Colour shows how this judgement treated each authority
Supreme Court observationsExplained¶26
1 provisions across 1 enactments
SRAVAN
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court