Disposed

Shiju.S v. State of Kerala

Kerala HC4 Mar 2024OP(Crl.)/46/2023

Case brief

AI extract

What is this about?

Petitioner, 7th accused in C.C.No.12/2013 arising from Crime No.1597/2010, sought speedy trial as over 11 years had elapsed since cognizance without disposal. Holding this to be an exceptional circumstance justifying exercise of the High Court's power, the Court directed the trial court to expedite and dispose of the case within 12 months.

What did the court decide?

Direction to JFMC-II, Kollam to expedite trial in C.C.No.12/2013 and dispose within 12 months.

Shiju.S 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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MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
OP(CRL.) NO. 46 OF 2023

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CRIME NO.1597/2010 OF ERAVIPURAM POLICE STATION, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.12 OF 2013 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER/7THE ACCUSED :

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SHIJU.S., AGED 44 YEARS
S/O.A.M.SHAMSUDEEN, RAHMANIYA HOUSE,
NEAR KAITHAKODU JUNCTION,
VELLIMOODU CHERRY, KARIKKAM VILLAGE,
KULATHUPUZHA P.O, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN – 691 310.

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BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH

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RESPONDENT/STATE & SHO :

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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2 STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, KOLLAM DISTRICT, PIN – 691 011. SRI. NOUSHAD K.A. (PP)

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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OP(CRL.) NO. 46 OF 2023

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BECHU KURIAN THOMAS, J

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......….............................................

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…................................................

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Dated this the 4^th day of March, 2024

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JUDGMENT

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Petitioner seeks for a speedy disposal of C.C.No.12/2013 on the files

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of the Judicial First Class Magistrate Court-II, Kollam, which arose out of a Crime No.1597/2010 of Eravipuram Police Station, registered for the offences punishable under Sections 417, 419, 420, 448, 468, 471, 379, 120B, 201, and 212 r/w Section 34 of the Indian Penal Code, 1860, apart from Section 66 r/w 43(a) and (g) of the Information Technology Act, 2000. Petitioner is the 7^th accused in the aforesaid crime.

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I have heard Sri.K.Siju, the learned counsel for the petitioner, as well as Sri.Noushad K.A., the learned Public Prosecutor.

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More than 11 years have elapsed since cognizance was taken, and despite the long lapse of time, the case has not been disposed of. Therefore, petitioner is justified in seeking a time bound disposal of the case.

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Though normally the power of this Court ought not to be exercised to

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OP(CRL.) NO. 46 OF 2023

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direct the trial court to dispose of cases in a time bound manner, in exceptional circumstances such powers are required to be exercised. This is one such case, where this Court feels that an exceptional circumstance has arisen. Since the case has not been listed for trial for 11 years, the petitioner has a right to seek a speedy trial. The direction to dispose of C.C.No.12/2013 will not be overlooking the priority of other cases since the instant case must require priority due to its long pendency.

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Accordingly, there will be a direction to the Judicial First Class Magistrate Court-II, Kollam, to expedite the trial in C.C.No.12/2013 and dispose of the same, as expeditiously as possible, at any rate, within a period of 12 months from the date of receipt of a certified copy of this judgment.

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The original petition is disposed of.

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sd/-

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BECHU KURIAN THOMAS JUDGE

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AMV/04/03/2024

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OP(CRL.) NO. 46 OF 2023

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APPENDIX OF OP(CRL.) 46/2023

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PETITIONER EXHIBITS

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EXHIBIT P1THE FINAL REPORT DATED 21.5.2015 SUBMITTED
BY THE DISTRICT CRIME BRANCH IN CRIME
NO.1597/2010 OF ERAVIPURAM POLICE STATION.
EXHIBIT2THE COPY OF PROCEEDINGS OF CC NO.12/2013 ON
THE FILE OF JFMC-II, KOLLAM DOWNLOADED FROM
THE E-COURT SERVICES.
EXHIBIT P3THE COPY OF PROCEEDINGS IN CC NO.12/2013 ON
13.1.2023.
EXHIBIT P4THE COPY OF INTERIM ORDER IN CRL.M.A
NO.1/2021 IN CRL.R.P NO.440/2021 DATED
12.8.2021.
EXHIBIT P5THE COPY OF CASE STATUS DETAILS FROM THE
WEBSITE OF THE HIGH COURT PERTAINING TO
CRL.R.P NO.440/2021.

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TRUE COPY

Shiju.S v. State of Kerala

Case brief

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Shiju.S v. State of Kerala

Case brief

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