Arjun C.P, vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2023

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Citation: sooperkanoon.com/1330777
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 31, 2023
Case Number: OP(Crl.)/14/2023

Parties & Advocates

Appellant / Petitioner

Arjun C.P,

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas tuesday, the 31st day of january 2023 / 11th magha, 1944 o.p(crl.) no. 14 of 2023 crime no.104/2017 of irinjalakuda police station, thrissur in c.c.no. 77/2018 of judicial first class magistrate court, irinjalakuda petitioner/accused no.2: arjun c.p, aged 27 years s/o prasannan, chanassery house, paingodu desom, thekkumkara village, thrissur district,, pin - 680123by adv abraham mathan respondent/state: state of kerala represented by public prosecutor, high court of kerala, pin - 682031 by adv smt.sreeja.v public prosecutor this op (criminal) having come up for admission on 31.01.2023, the court on the same day delivered the following:bechu kurian thomas, j.======================= o.p (crl.) no.14 of 2023 ======================== dated this the 31st day of january, 2023judgmentpetitioner seeks for an expeditious disposal of c.c.no.77/2018 pending on the files of the judicial first class magistrate court, irinjalakkuda.2. pursuant to the direction of this court, dated 09.01.2023, areport of the learned magistrate has been placed before this court. the report states that the presence of accused 3 to 6 has not been able to be secured and hence there is a delay in commencing the trial. the learned magistrate has also requested for a time of one year to dispose of the case, considering the circumstances that there are more than 9437 cases, pending in that court.3. though the case is of the year 2018, it is essential thatappropriate steps are initiated to secure the presence of accused nos. 3 to 6. in case their presence cannot be secured, proceedings to split the case, can even be resorted to. however, having regard to the huge volume of matters pending consideration before the judicial first class magistrate court, irinjalakkuda, it is not proper on this court to issue specific directions to dispose of the case in a time bound manner.4. however, having regard to the submission

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 O.P(CRL.) NO. 14 OF 2023 CRIME NO.104/2017 OF IRINJALAKUDA POLICE STATION, THRISSUR IN C.C.NO. 77/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA PETITIONER/ACCUSED NO.2: ARJUN C.P, AGED 27 YEARS S/O PRASANNAN, CHANASSERY HOUSE, PAINGODU DESOM, THEKKUMKARA VILLAGE, THRISSUR DISTRICT,, PIN - 680123
BY ADV ABRAHAM MATHAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV SMT.SREEJA.V PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
======================= O.P (Crl.) No.14 of 2023 ======================== Dated this the 31st day of January, 2023

JUDGMENT

Petitioner seeks for an expeditious disposal of C.C.No.77/2018 pending on the files of the Judicial First Class Magistrate Court, Irinjalakkuda.

2. Pursuant to the direction of this Court, dated 09.01.2023, a

report of the learned Magistrate has been placed before this Court. The report states that the presence of accused 3 to 6 has not been able to be secured and hence there is a delay in commencing the trial. The learned Magistrate has also requested for a time of one year to dispose of the case, considering the circumstances that there are more than 9437 cases, pending in that Court.

3. Though the case is of the year 2018, it is essential that

appropriate steps are initiated to secure the presence of accused Nos. 3 to 6. In case their presence cannot be secured, proceedings to split the case, can even be resorted to. However, having regard to the huge volume of matters pending consideration before the Judicial First Class Magistrate Court, Irinjalakkuda, it is not proper on this Court to issue specific directions to dispose of the case in a time bound manner.

4. However, having regard to the submission of the learned

counsel for the petitioner that an opportunity for employment abroad is on the anvil, and the delay in disposing of the case creates great prejudice, I am of the view that the learned Magistrate can initiate appropriate steps to dispose of the case at the earliest. With the above observations, this original petition is disposed of. Sd/- BECHU KURIAN THOMAS JUDGE jka/31.01.23 APPENDIX OF O.P(CRL.)NO. 14/2023 PETITIONER’S EXHIBITS Exhibit -P1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 104 OF 2017 OF IRINJALAKUDA POLICE STATION DATED 19.12.2017 Exhibit-P2 TRUE COPY OF THE CASE HISTORY STATUS OF C.C. 77 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA

Same Court & Year Kerala · 2023 Same Parties Arjun C.P, vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas