Ayoob vs State of Kerala

AYOOB vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2023

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https://sooperkanoon.com/case/1358928

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Citation: sooperkanoon.com/1358928
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: May 31, 2023
Case Number: OP(Crl.)/368/2023

Parties & Advocates

Appellant / Petitioner

AYOOB

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 31st day of may 2023 / 10th jyaishta, 1945 against the order/judgment in cc 138/2013 of judicial magistrate of first class -i, aluva petitioners/accused: 1 ayoob aged 49 years s/o. moitheen, panikkaruveettil, thaikkattukara p.o., aluva, ernakulam district, pin - 683106 2 nassar p a aged 55 years s/o. abdu, puthuvalparamb house, muppathadam p.o., eramam, ernakulam district, pin - 683110 by advs. e.a.haris m.a.ahammad saheer muhammed yasil suresh joseph respondents/state and complainant: 1 state of kerala represented by public prosecutor, high court of kerala, pin - 682031 2 station house officer aluva east police station, ernakulam district, pin - 683101 other present: pp sri.noushad k.a this op (criminal) having come up for admission on 31.05.2023, the court on the same day delivered the following:judgmentthe petitioners seek for a direction for expeditious disposal of c.c. no. 138/2013 on the files of judicial first class magistrate-i, aluva.2. on the date of admission, this court called for a reportfrom the learned magistrate. as per communication dated 20.05.2023, the learned magistrate has informed that she had taken charge in the said court only on 20.05.2023 and that steps will be initiated to dispose of the case within six months.3. having regard to the circumstances of the case, i am of the view that, a period of ten months can be granted to dispose of the case.4. accordingly, there will be a direction to the judicial firstclass magistrate-i, aluva to dispose of c.c. no. 138/2013 as expeditiously as possible, at any rate within an outer time limit of ten months, from the date of receipt of a copy of this order. the original petition (crl.) is disposed of as directed above. sd/- bechu kurian thomas lu judge appendix of op(crl.) 368/2023 petitioner exhibits : exhibit p1 the true copy of the police chargedated 20.07.2010 in cc no.138/2013 on the files.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 AGAINST THE ORDER/JUDGMENT IN CC 138/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA PETITIONERS/ACCUSED: 1 AYOOB AGED 49 YEARS S/O. MOITHEEN, PANIKKARUVEETTIL, THAIKKATTUKARA P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683106 2 NASSAR P A AGED 55 YEARS S/O. ABDU, PUTHUVALPARAMB HOUSE, MUPPATHADAM P.O., ERAMAM, ERNAKULAM DISTRICT, PIN - 683110 BY ADVS. E.A.HARIS M.A.AHAMMAD SAHEER MUHAMMED YASIL SURESH JOSEPH RESPONDENTS/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT, PIN - 683101 OTHER PRESENT: PP SRI.NOUSHAD K.A THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners seek for a direction for expeditious disposal of C.C. No. 138/2013 on the files of Judicial First Class Magistrate-I, Aluva.

2. On the date of admission, this Court called for a report

from the learned Magistrate. As per communication dated 20.05.2023, the learned Magistrate has informed that she had taken charge in the said Court only on 20.05.2023 and that steps will be initiated to dispose of the case within six months.

3. Having regard to the circumstances of the case, I am of the view that, a period of ten months can be granted to dispose of the case.

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

Class Magistrate-I, Aluva to dispose of C.C. No. 138/2013 as expeditiously as possible, at any rate within an outer time limit of ten months, from the date of receipt of a copy of this order. The original petition (Crl.) is disposed of as directed above. Sd/- BECHU KURIAN THOMAS LU JUDGE APPENDIX OF OP(CRL.) 368/2023 PETITIONER EXHIBITS : EXHIBIT P1 THE TRUE COPY OF THE POLICE CHARGE

DATED 20.07.2010 IN CC NO.138/2013 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA, ERNAKULAM DISTRICT EXHIBIT P2 THE TRUE COPY OF THE CASE STATUS IN CC NO.138/2013, ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, ALUVA, ERNAKULAM DISTRICT // True Copy // PA To Judge

Same Court & Year Kerala · 2023 Same Parties AYOOB vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas