Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY,THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 OP(Crl.).No. 22 of 2014 (Q) ---------------------------- CC32007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM ---------------- PETITIONER : --------------------- MUHAMMED SHAFI AGED60YEARS, KALIYILAZHIKATHU, NETHAJI NAGAR KILIKOLLUR P.O., KOLLAM-4. BY ADV. SRI.R.SATHISH KUMAR RESPONDENT(S) : ---------------------------- 1. THE FOOD INSPECTOR MOBILE VIGILANCE SQUAD, N.B. CENTRE CAMPUS RED CROSS ROAD, TRIVANDRUM - 691 035.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -682 031. R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON1002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(Crl.).No. 22 of 2014 (Q) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE ORDER
DATED1802/2008 IN CRL.M.C. 667/2008 OF THE HONOURABLE HIH COURT OF KERALA. RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn K. RAMAKRISHNAN, J.
------------------------------------------------------------------ O.P. (Crl.) No.22 of 2014 --------------------------------------------------------------------- Dated this the 10th day of February, 2014
JUDGMENT
This criminal miscellaneous case is filed by the petitioner, who is the second accused in C.C.No.3/2007 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, for an early disposal under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').
2. It is alleged in the petition that, the petitioner is the 2nd accused in C.C. No.3/2007 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The offences alleged against the accused are punishable Under Section 16(1A) read with Section 2(1a) of the Prevention of Food Adulteration Act, 1954. It is pending before the court below for the last seven years. The petitioner is aged 60 years and suffering from O.P. (Crl.) No.22 of 2014 2 various ailments and unable to undertake long journey. He is residing at Kollam and the case is pending at Thiruvananthapuram. So he filed this petition, before this court, seeking the following reliefs: i) direct the Judicial First Class Magistrate Court-III, Thiruvananthapuram, to dispose of C.C.No.3/2007 within a time frame fixed by this Hon'ble Court, so as to secure the ends of justice. ii) to grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.
3. Considering the nature of relief claimed, this court felt that, this petition can be disposed of at the admission stage itself, after getting a report from the concerned court, ascertaining whether there is any impediment for proceeding with the trial. The learned magistrate has sent a report, stating that the case is posted to 14.03.2014 for evidence of the complainant under Section 244 of the 'Code' and the magistrate also informed this court that, the case can be disposed of within six O.P. (Crl.) No.22 of 2014 3 months from the date of framing charge.
4. Heard the learned counsel for the petitioner and learned Public Prosecutor, who is appearing for the respondent.
5. It is the mandate of the constitution that speedy trial is a right of an accused, who is facing trial under Article 20(3) of the constitution. Further earlier the petitioner has filed an application before this court as Crl.M.C. No.667/2008 to quash the proceedings as against him. But that petition was dismissed by this court by Annexure.P1 order, leaving the liberty for the petitioner to take all his defences before the lower court. The complaint was field by the Food Inspector in the year 2007 and it was taken on the file as C.C.No.3/2007 as well. So considering the circumstances and also considering the report of the learned magistrate, I feel that the petition can be disposed of as follows: O.P. (Crl.) No.22 of 2014 4 The learned magistrate is directed to dispose of the case as expeditiously as possible, at any rate, within six months from 14.03.2014, on which date the case is posted for the evidence of the complainant under Section 244 of the 'Code'. With the above direction and observation, the petition is disposed of. Communicate this order to the concerned court, immediately. Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss