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Shanavas vs State of Kerala

Shanavas vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023
~3 min read
https://sooperkanoon.com/case/1336760

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(Crl.)/86/2023

Parties & Advocates

Appellant / Petitioner

Shanavas

Respondent

State of Kerala

Excerpt

.....: shanavas, aged 36 years s/o shajahan, r/o sainaba manzil, thiruvallam village, pachalloor desom, pachalloor kalppadavu road, thiruvananthapuram, pin - 695 027 by advs. m.ziyad sumodh madhavan nair t.a.prakash respondents/state & defacto complainant : 1 state of kerala represented by public prosecutor, high court of kerala, pin - 682 031. 2 station house officer, peroorkada police station, 3 vimal raj, aged 39 years, s/o natarajan, house no. 40, bhanu lane, bhargavavilasam house, mannamoola ward, vattiyoorkavu village, by adv public prosecutor noushad k.a. this op (criminal) having come up for admission on 28.02.2023, the court on the same day delivered the following: bechu kurian thomas, j ......….................................. o.p.(crl.) no.86 of 2023 ….................................. dated this the 28th of february, 2023judgmentpetitioner seeks for an expeditious disposal of c.c.no.514/2020 on the files of the judicial first class magistrate court-xi, thiruvananthapuram; arising out of crime no.150/2006 of peroorkada police station.2. when the matter was taken up for consideration on 10.02.2023,a report was called for from the learned magistrate. it is informed, by letter dated 23.02.2023, that though the case was initially taken on file as c.c.no.670/2008 before the judicial first class magistrate court-ii, thiruvananthapuram, the case had to be transferred to the long pending register, since the accused had not appeared and finally he surrendered on 13.11.2019 and thereafter the case was re-numbered as c.c.no.577/2019 and bail was granted to the accused. the case was, later, transferred to judicial first class magistrate court-xi, thiruvananthapuram and also that charge has not yet been framed. the learned magistrate seeks eight months for disposal of the case.3. considering the fact that the accused had entered appearanceonly on 13.11.2019 before the trial court, i am of the view that the request by the accused for an expeditious.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, OP(CRL.) NO. 86 OF 2023 CRIME NO.150/2006 OF Peroorkada Police Station, AGAINST THE ORDER/JUDGMENT CC 514/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -XI, TRIVANDRUM PETITIONER/ACCUSED : SHANAVAS, AGED 36 YEARS S/O SHAJAHAN, R/O SAINABA MANZIL, THIRUVALLAM VILLAGE, PACHALLOOR DESOM, PACHALLOOR KALPPADAVU ROAD, THIRUVANANTHAPURAM, PIN - 695 027 BY ADVS. M.ZIYAD SUMODH MADHAVAN NAIR T.A.PRAKASH RESPONDENTS/STATE & DEFACTO COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 STATION HOUSE OFFICER, PEROORKADA POLICE STATION, 3 VIMAL RAJ, AGED 39 YEARS, S/O NATARAJAN, HOUSE NO. 40, BHANU LANE, BHARGAVAVILASAM HOUSE, MANNAMOOLA WARD, VATTIYOORKAVU VILLAGE, BY ADV PUBLIC PROSECUTOR NOUSHAD K.A. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J ......….................................. O.P.(Crl.) No.86 of 2023 ….................................. Dated this the 28th of February, 2023

JUDGMENT

Petitioner seeks for an expeditious disposal of C.C.No.514/2020 on the files of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram; arising out of Crime No.150/2006 of Peroorkada Police Station.

2. When the matter was taken up for consideration on 10.02.2023,

a report was called for from the learned Magistrate. It is informed, by letter dated 23.02.2023, that though the case was initially taken on file as C.C.No.670/2008 before the Judicial First Class Magistrate Court-II, Thiruvananthapuram, the case had to be transferred to the long pending register, since the accused had not appeared and finally he surrendered on 13.11.2019 and thereafter the case was re-numbered as C.C.No.577/2019 and bail was granted to the accused. The case was, later, transferred to Judicial First Class Magistrate Court-XI, Thiruvananthapuram and also that charge has not yet been framed. The learned Magistrate seeks eight months for disposal of the case.

3. Considering the fact that the accused had entered appearance

only on 13.11.2019 before the trial court, I am of the view that the request by the accused for an expeditious disposal is not legally justified, especially since, the pendency of cases before the Magistrate Court concerned is quite substantial. However, taking note of the fact that the case is of the year 2006, I am of the view that a time limit can be fixed for disposal of the case.

4. Accordingly, there will be a direction to the Judicial First Class

Magistrate Court-XI, Thiruvananthapuram to dispose of, C.C.No.514/2020, as expeditiously as possible, at any rate, within a period of twelve months from today. The original petition is disposed of as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/28/02/2023 APPENDIX OF OP(CRL.) 86/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR EVIDENCING THE DETAILS OF THE OCCURRENCE DATED 24.04.2006 IN CRIME NO. 150/2006 OF PEROORKADA POLICE STATION PENDING CONSIDERATION AS C.C. NO. 514/2020 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT - XI, Exhibit P2 TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 150/2006 OF PEROORKADA POLICE STATION PENDING CONSIDERATION AS C.C. NO. 514/2020 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT - XI,

TRUE COPY

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