Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID WEDNESDAY, THE25H DAY OF SEPTEMBER20133RD ASWINA, 1935 Crl.MC.No. 3673 of 2013 () ------------------------------------- CC3392012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,TRIVANDRUM. CRIME NO. 713/2010 OF SREEKARIYAM POLICE STATION , THIRUVANANDAPURAM. ...... PETITIONERS/ACCUSED:-: --------------------------------------- 1. KANEESH, AGED24YEARS S/O.KARUNAKARAN, KARUNALAYAM VEEDU, PRASANTH NAGAR CHERUVAYKKAL VILLAGE.
2. RAKESH, AGED25YEARS S/O.BALACHANDRAN, CHARUVILA VEEDU, KURAVANKONAM WARD KAWDIYAR VILLAGE.
3. ARUN, AGED25YEARS S/O.SASIDHARAN, CHURANDIVILA VEEDU CHERUVAIKKAL VILLAGE. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE:-: ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031 (CRIME NO.889/2011 OF RANNI POLICE STATION PATHANAMTHITTA DISTRICT). BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2509-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Crl.MC.No. 3673 of 2013 () ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE I. COPY OF FINAL REPORT IN CRIME NO.713 OF2010OF SREEKARYAM POLICE STATION. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - Crl. M.C No.3673 of 2013 - - - - - - - - - - - - - - - - Dated this the 25th day of Sep, 2013. ORDER
The petition is filed seeking a direction directing the Judicial First Class Magistrate-I, Thiruvananthapuram to dispose C.C No. 339/2012 as expeditiously as possible within a time frame of three months. The petitioners are accused in C.C No. 339/2012 pending on the files of Judicial First Class Magistrate-I, Thiruvananthapuram. The offence alleged is punishable under Section 506(ii) read with 34 of the Indian Penal Code and Sec.27 of the Arms Act. The Crime No. 713/2010 was registered and the final report was submitted in 2012. It is submitted that even if the entire allegations are accepted on its face value, no offence as alleged is attracted against the petitioners. Due to the pendency of the case the petitioners are not able to get any job and unable to go abroad. It is also pointed out that though crime was registered as early as on 11.12.2010, the final report was submitted only on 17.03.2012 and now, the case is pending as C.C No. 339/12 on the file of Judicial First Class Magistrate- I,Thiruvananthapuram. It is apprehend that there is no likelihood that case would be taken for trial in the near future. Crl. M.C No.3673 of 2013 2 2. This court by Interim Order called for report from the Magistrate Court. The learned Magistrate reported that out of the 1400 targeted cases for this year, 749 cases are yet to be disposed of, that the present case is not included in the list and therefore, normally need not be taken up for trial at this stage.
3. The learned counsel pointed out that there are only seven witnesses to be examined in this case and that even if entire allegations are accepted, no offences alleged are made out. In the facts and circumstances, this Court is of the view that the trial of the case can be expedited and can be disposed of at an early date. The Crl.M.C is disposed of directing the Judicial First Class Magistrate-I,Thiruvananthapuram to dispose C.C No. 339/12 as expeditiously as possible giving preference after disposal of targeted cases. Sd/-HARUN-UL-RASHID, JUDGE. lsn