Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 CC 50/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, MANANTHAVADY CRIME NO.268/2009 OF MANANTHAVADY POLICE STATION PETITIONER/ACCUSED A2: P.JANEESH AGED 35 YEARS S/O. KRISHNANA KUTTY, PUTHUKKUDY HOUSE, NEAR KACHERIKUNNU SCHOOL, MANGAV, KOZHIKODE DISTRICT. BY ADVS. P.V.ANOOP SRI.PHIJO PRADEESH PHILIP SRI.M.P.PRIYESHKUMAR SRI.K.V.SREERAJ RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. ADV. M. P. PRASHANT- PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This Cril.M.C. is filed by the petitioner, seeking for a direction to the Judicial First Class Magistrate Court II, Mananthavady to dispose of C.C. No.50/2010 within time frame.
2. When this Crl.M.C. came up for consideration on
01.02.2021, a report was called for from the learned Magistrate as to the status of said case and the time required for completing the trial of the same. In response to the same, the learned Magistrate has placed on record a report dated 27.08.2022 wherein it is mentioned that, the proceedings in the aforesaid case were stayed by this Court on two occasions in separate proceedings for a long time. The reason for delay in disposing of the case was the interim
order passed by this Court. It is further stated in the said report that,
even though summonses were issued to some of the witnesses they have not appeared and coercive proceedings have been initiated against some of them. Now the case stands posted to 13.09.22 for the appearance of the above witnesses. It was also stated that, at the moment, there is no presiding officer in the court concerned, and at present the Munsiff Magistrate Mananthavady is in charge of the said court. It is also pointed out that at the moment, the said presiding officer is also having the additional charge of Principle Magistrate at Juvenile Justice Court, Wayanad. In such circumstances, the learned Magistrate sought for one year time to complete the trial of the same. Considering the reasons stated in the report, I am of view that, the time sought for by the learned Magistrate is reasonable. Accordingly, this Crl.M.C. is disposed of directing the Judicial First Class Magistrate Court II, Mananthavady to complete the trial of the C.C. No.50/2010 within a period of one year from the date of production of copy of this order. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF CRL.MC 586/2021 PETITIONER ANNEXURES ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.268/2009 OF MANANTHAVADY POLICE. ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.268/2009 WHICH IS NOW PENDING AGAINST THE PETITIONER AS C.C.NO.50/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, MANANTHAVADY. ANNEXURE C TRUE COPY OF THE ORDER DATED 12.10.2012 IN CRL.R.P.NO.346/2012. ANNEXURE D TRUE COPY OF THE SETTLEMENT RECORDED BY THE ADVOCATE COMMISSION ON 24.12.2012. ANNEXURE E TRUE COPY OF THE ORDER 21.2.2014 IN CRL. M.C.NO.3729/2013. ANNEXURE F CERTIFIED COPY OF THE PROCEEDING SHEET FROM 18.2.2010 TO 24.9.2020.