Disposed

Shirly Mathew v. State of Kerala

Kerala HC14 Mar 2024OP(Crl.)/48/2024

Case brief

AI extract

What is this about?

Second accused in a long-pending 2009 crime case sought expeditious trial. The Magistrate reported ten months were needed; the High Court disposed of the petition directing the Judicial First Class Magistrate's Court-IX, Ernakulam (Temporary) to dispose of C.C.No.117 of 2018 within ten months.

What did the court decide?

Direction to Magistrate to dispose C.C.No.117/2018 within ten months from receipt of judgment copy.

Shirly Mathew 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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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945

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OP(CRL.) NO. 48 OF 2024

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CRIME NO.140/2009 OF Palarivattom Police Station, Ernakulam CC NO.117 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX,

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ERNAKULAM (TEMPORARY)

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PETITIONER/ 2ND ACCUSED :

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SHIRLY MATHEW AGED 72 YEARS C/O MOHAN PETER, 14, DAVIS ROAD, BEDFORT, COONOOR, TAMILNADU, PIN – 643 101

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BY ADVS. JINU JOSEPH N.RAGHUNATH

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RESPONDENT :

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

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SRI. NOUSHAD K.A., PUBLIC PROSECUTOR

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 48 OF 2024

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BECHU KURIAN THOMAS, J.

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O.P.(Crl.) No.48 of 2024

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Dated this the 14^th day of March, 2024

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JUDGMENT

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Petitioner is the 2^nd accused in C.C.No.117 of 2018 on the files of

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the Judicial First Class Magistrate's Court-IX, Ernakulam (Temporary). The case arose out of Crime No.140 of 2009 of Palarivattom Police Station. Initially the case was registered as C.C.No.1509 of 2009 before the Judicial First Class Magistrate's Court-I, Ernakulam and due to the absence of the accused, the case was transferred to the Long Pending Register. Subsequently, the case was renumbered as C.C.No.723 of 2016 and later transferred to the present Court and again renumbered as C.C.No.117 of 2018. Petitioner seeks for an expeditious disposal of the above case.

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When the matter came up for consideration, this Court called for a report from the learned Magistrate. As per the communication dated 06.02.2024, it has been informed that a period of ten months will be required to dispose of the case.

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Having regard to the above circumstances and also after hearing the learned counsel for the petitioner, I am of the view that this original petition can be disposed of with a direction.

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Accordingly, there will be a direction to the Judicial First Class Magistrate's Court-IX, Ernakulam (Temporary) to dispose of C.C.No.117

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OP(CRL.) NO. 48 OF 2024

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of 2018 pending on its files, as expeditiously as possible, at any rate, within a period of ten months from the date of receipt of a copy of this judgment.

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The original petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS, JUDGE

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RKM

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OP(CRL.) NO. 48 OF 2024

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APPENDIX OF OP(CRL.) 48/2024

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PETITIONER'S EXHIBITS :

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Exhibit P1	TRUE COPY OF THE FI 140/2009	NAL REPORT IN CRIME NO.
Exhibit P2	THE MEDICAL CERTIF ISSUED BY DR. REPLACEMENT, SPINE UDUMALPET	ICATE DATED 03-01-2024 A.KRISHNAKUMAR, JOINT AND TRAUMA SURGEON AT
Exhibit P3	TRUE COPY OF THE C.C.NO. 117/2018	PROCEEDINGS SHEET IN

Shirly Mathew v. State of Kerala

Case brief

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Shirly Mathew v. State of Kerala

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