Disposed

Meerankunhi Chookiriadka Ibrahim, v. State of Kerala

Kerala HC12 Apr 2024OP(Crl.)/41/2024

Case brief

AI extract

What is this about?

Third accused in a 2006-offence sessions case pending since 2014 sought a direction for expeditious trial, which had stalled due to a lapsed stay in a related Crl.M.C. The High Court noted no embargo remained and directed disposal within twelve months.

What did the court decide?

Direction to Additional Sessions Court-I, Ernakulam to dispose of S.C. No.633/2014 expeditiously within 12 months

Meerankunhi Chookiriadka Ibrahim, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2024)

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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 12^TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946

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OP(CRL.) NO. 41 OF 2024

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CRIME NO.446/2006 OF THOPPUMPADY POLICE STATION, ERNAKULAM AGAINST SC NO.633/2014 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN),

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ERNAKULAM

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PETITIONER:

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MEERANKUNHI CHOOKIRIADKA IBRAHIM, AGED 50 YEARS, S/O. IBRAHIM, ANSARI MANZHIL, CHOOKIRIADKA, MANGALPADY P.O, KASARAGOD DISTRICT, PIN - 671324

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BY ADV I.V.PRAMOD

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RESPONDENT:

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STATE OF KERALA

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

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SRI. M.C. ASHI, PUBLIC PROSECUTOR

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON 12.04.2024 DELIVERED THE

FOLLOWING:

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O.P.(Crl.) No.41/24

BECHU KURIAN THOMAS, J.

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O.P.(Crl.) No.41 of 2024

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Dated this the 12^th day of April, 2024

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JUDGMENT

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This original petition is filed seeking a direction to dispose of S.C. No.633/2014 on the files of the Additional Sessions Court-I, Ernakulam in a time-bound manner.

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I have heard Sri. I.V. Pramod, the learned counsel for the petitioner, and Sri.M.C.Ashi, the learned Public Prosecutor.

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The proceeding in S.C. No.633/2014 before the Additional

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Sessions Court-I, Ernakulam, was the subject of Crl.M.C No.992/2019 before this Court. The State has preferred a challenge against an order refusing to alter the charge. Since the court had granted an interim order of stay at the time of initial consideration of the above case, which continued till 16.02.2020, the case before the trial court could not have proceeded at least till that date. However, even after the stay expired, the trial did not proceed. It is in such circumstances that the petitioner, who is the third accused, has filed this petition seeking a direction for an expeditious disposal of the

O.P.(Crl.) No.41/24

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trial.

This Court has dismissed Crl.M.C No.992/2019 by a separate order. Therefore, there is no embargo of any nature for the trial court to proceed with the trial. Since the offence involved in the case is of the year 2006, and the case has been pending consideration for more than ten years, I am of the view that a direction is necessary to expedite the trial.

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Accordingly, there will be a direction to the Additional Sessions Court-I, Ernakulam, to dispose of S.C. No.633/2014, 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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Original Petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

vps

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O.P.(Crl.) No.41/24

APPENDIX

PETITIONER EXHIBITS

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Exhibit 1

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A TRUE COPY OF THE FINAL REPORT IN SC NO. 633/2014 DATED 31/1/2011 OF THE FIRST ADDITIONAL DISTRICT & SESSIONS COURT, ERNAKULAM

Meerankunhi Chookiriadka Ibrahim, v. State of Kerala

Case brief

What is this about?

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Meerankunhi Chookiriadka Ibrahim, v. State of Kerala

Case brief

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What did the court decide?

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