Smithin vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

~2 min read

https://sooperkanoon.com/case/1378559

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1378559
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Aug 01, 2023
Case Number: Crl.MC/6092/2023

Parties & Advocates

Appellant / Petitioner

Smithin

Respondent

State of Kerala

Excerpt

.....:- state of kerala represented by the public prosecutor, high court of kerala, ernakulam, pin - 682031 by sri.vipin narayan, sr.gp this criminal misc. case having come up for admission on 01.08.2023, the court on the same day passed the following:orderthe petitioner herein is the accused in s.c.no.706 of 2022 on the file of the iind additional assistant sessions court, ernakulam. the aforesaid case has arisen from crime no.1220 of 2021 of palarivattom police station and the same is registered under section 307 of the ipc. this petition is filed seeking expeditious disposal of the case by the learned additional assistant sessions judge.2. i have heard the learned counsel appearing for the petitioner and the learned public prosecutor.3. the records disclose that the crime was registered in theyear 2021, and the case has been pending since 2022. much older matters are pending before the learned additional assistant sessions judge. in that view of the matter, this court will not be justified in ordering precedence to the petitioner when much older matters are pending consideration. directions have also been issued to take up old matters so that the pendency can be reduced. in that view of the matter, i am not inclined to grant the relief sought for. however, it is made clear that it would be open to the petitioner to approach the learned sessions judge for an early hearing and if such a request is made, the learned sessions judge shall consider the same and take appropriate action. this petition is disposed of. sd/- raja vijayaraghavan v judge sma appendix of crl.mc 6092/2023 petitioner annexures :- annexure a1 copy of fir in crime no. 1220/2021 of palarivattom police station, ernakulam district dated 28.07.2021 annexure a2 copy of the final report in s.c. no. 706/2022 before the 2nd additional assistant sessions court, ernakulam dated 10.12.2021 annexurea3 copy of the e-court proceedings in s.c. no. sessions court, ernakulam dated 10.07.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 AGAINST THE ORDER IN SC 706/2022 OF II ADDITIONAL SUB COURT, ERNAKULAM PETITIONER/ACCUSED :- SMITHIN, AGED 32 YEARS S/O SURENDRAN., NAMBATH HOUSE, PUTHUMALASSERY BHAGAM, NEAR NARASHIMHA MURTHY TEMPLE, PAVARATTY VILLAGE, CHAVAKKAD TALUK THRISSUR DISTRICT, PIN - 680507 BY ADVS. RESHMA R. ATHIRA UTHAMAN P.A.MUJEEB UNNIMAYA H. NEZRIN T. IBRAHIM DIYA DILIP SREELAKSHMI.P.
RESPONDENT/COMPLAINANT :- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SRI.VIPIN NARAYAN, SR.GP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner herein is the accused in S.C.No.706 of 2022 on the file of the IInd Additional Assistant Sessions Court, Ernakulam. The aforesaid case has arisen from Crime No.1220 of 2021 of Palarivattom Police Station and the same is registered under Section 307 of the IPC. This petition is filed seeking expeditious disposal of the case by the learned Additional Assistant Sessions Judge.

2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

3. The records disclose that the crime was registered in the

year 2021, and the case has been pending since 2022. Much older matters are pending before the learned Additional Assistant Sessions Judge. In that view of the matter, this Court will not be justified in ordering precedence to the petitioner when much older matters are pending consideration. Directions have also been issued to take up old matters so that the pendency can be reduced. In that view of the matter, I am not inclined to grant the relief sought for. However, it is made clear that it would be open to the petitioner to approach the learned Sessions Judge for an early hearing and if such a request is made, the learned Sessions Judge shall consider the same and take appropriate action. This petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE SMA APPENDIX OF CRL.MC 6092/2023 PETITIONER ANNEXURES :- Annexure A1 COPY OF FIR IN CRIME NO. 1220/2021 OF PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT DATED 28.07.2021 Annexure A2 COPY OF THE FINAL REPORT IN S.C. NO. 706/2022 BEFORE THE 2ND ADDITIONAL ASSISTANT SESSIONS COURT, ERNAKULAM DATED 10.12.2021 AnnexureA3 COPY OF THE E-COURT PROCEEDINGS IN S.C. NO. SESSIONS COURT, ERNAKULAM DATED 10.07.2023

Same Court & Year Kerala · 2023 Same Parties Smithin vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V