Kiran vs State of Kerala

KIRAN vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2023

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https://sooperkanoon.com/case/1376593

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Citation: sooperkanoon.com/1376593
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Nov 30, 2023
Case Number: OP(Crl.)/568/2023

Parties & Advocates

Appellant / Petitioner

KIRAN

Respondent

State of Kerala

Excerpt

.....above original petition (crl.) is filed with following prayers: “a. direct the hon’ble judicial first class magistrate court ix , ernakulam to expedite the trail in cc 923 of 2017 in its files and dispose of the said case , expeditiously as possible and within a time frame as may be fixed by this hon’ble court. and b. such other order or decision, which this hon’ble court may deem fit and proper in the interest of justice and circumstances of the case.” (sic)2. when this original petition came up for consideration,this court directed the registry to get a report from the learned magistrate about the time required to dispose of the matter. a report is submitted by the learned magistrate. the relevant portion of the same is extracted hereunder: “i assumed charged by this count on 04.04.2023. there are 24,597 number of cases pending before this court of which 8099 are 5 + year old cases. this case is now posted to 22.08.2023. total of 6 witnesses were cited by the prosecution. since the testimony of cw1 is essential to -3- the prosecution case and presence of cw1 has still not been procured inspite of coercive steps, i most humbly submit that if the hon’ble high court does not direct otherwise, this court shall endeavour to dispose of the matter with 8 months from this date.the above submitted for kind consideration.” in the light of the same, this original petition is disposed of directing the judicial first class magistrate court-ix, ernakulam (temporary) to dispose of cc no.923 of 2017 pending before that court, as expeditiously as possible, at any rate, within eight months from today. sd/- p.v.kunhikrishnan judge das -4- appendix of op(crl.) 568/2023 petitioner exhibits exhibit p1 true copy of fir no: 69 of 2017 of palarivattom police station dated 12.01.2017 exhibit p2 true copy of final report in fir no:69 of 2017 of palarivattom police station

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, OP(CRL.) NO. 568 OF 2023 CRIME NO.69/2017 OF Palarivattom Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 923/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY) PETITIONER/S: KIRAN AGED 27 YEARS S/O. KARTHIKEYAN, MANNARAKUZHIYIL HOUSE, IRUMPANAM P.O., MANIKKAPADI DESOM, THIRUVANKULAM VILLAGE, ERNAKULAM, PIN - 682309 BY ADV K.S.DHANESH KUMAR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 INSPECTOR OF POLICE PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT, PIN - 682025 OTHER PRESENT: SRI RENJITH TR, PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P.V.KUNHIKRISHNAN, J.
====================================================== ============================================================= Dated this the 30th day of November, 2023

JUDGMENT

The above original petition (crl.) is filed with following prayers: “A. Direct the Hon’ble Judicial First Class Magistrate Court IX , Ernakulam to expedite the trail in CC 923 of 2017 in its files and dispose of the said case , expeditiously as possible and within a time frame as may be fixed by This Hon’ble Court. and B. Such other order or decision, which this Hon’ble Court may deem fit and proper in the interest of justice and circumstances of the case.” (sic)

2. When this Original Petition came up for consideration,

this Court directed the registry to get a report from the learned Magistrate about the time required to dispose of the matter. A report is submitted by the learned Magistrate. The relevant portion of the same is extracted hereunder: “I assumed charged by this count on 04.04.2023. there are 24,597 number of cases pending before this court of which 8099 are 5 + year old cases. This case is now posted to 22.08.2023. Total of 6 witnesses were cited by the prosecution. Since the testimony of CW1 is essential to -3- the prosecution case and presence of CW1 has still not been procured inspite of coercive steps, I most humbly submit that if the Hon’ble High Court does not direct otherwise, this court shall endeavour to dispose of the matter with 8 months from this date.

The above submitted for kind consideration.” In the light of the same, this Original Petition is disposed of directing the Judicial First Class Magistrate Court-IX, Ernakulam (Temporary) to dispose of CC No.923 of 2017 pending before that Court, as expeditiously as possible, at any rate, within eight months from today. sd/- P.V.KUNHIKRISHNAN JUDGE das -4- APPENDIX OF OP(CRL.) 568/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF FIR NO: 69 OF 2017 OF PALARIVATTOM POLICE STATION DATED 12.01.2017 Exhibit P2 TRUE COPY OF FINAL REPORT IN FIR NO:69 OF 2017 OF PALARIVATTOM POLICE STATION

Same Court & Year Kerala · 2023 Same Parties KIRAN vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan