Jibin Joseph vs State of Kerala Represented by Its Public Prosecutor

Type Court Judgment Court Kerala Decided Oct 06, 2022

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https://sooperkanoon.com/case/1525672

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Citation: sooperkanoon.com/1525672
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Oct 06, 2022
Case Number: Crl.MC/5880/2022

Parties & Advocates

Appellant / Petitioner

Jibin Joseph

Respondent

State of Kerala Represented by Its Public Prosecutor

Excerpt

.....petitioner/accused: jibin joseph aged 34 years s/o. m.p. joseph, marukkuvillakizhakkethil, pannivizha, adoor p.o., pathanamthitta , pin - 691523 by advs. d.kishore meera gopinath r.muraleekrishnan (malakkara) respondents/state, complainant and de facto complainant:1 state of kerala represented by its public prosecutor high court of kerala, ernakulam, pin - 682031 2 the sub inspector of police chengannur police station, alappuzha, pin - 689121 3 ravikumar s/o. madhavan, sub engineer, kerala state electricity board, mulakkuzha, chengannur,alappuzha, pin - 689505 by adv public prosecutor adv sreeja v -senior public prosecutor this criminal misc. case having come up for admission on 06.10.2022, the court on the same day passed the following:orderdated this the 6th day of october, 2022 the petitioner is the accused in crime no. pending before the judicial first class magistrate court, chengannur, as c.c no.2824/2013. the prayer sought for in this crl.m.c is for a direction to the learned magistrate to expedite the trial of the said case to commit the same as to the special court, if any, constituted under section 153 of electricity act 2003. since the offences involved under the provisions of electricity act 2003. whom this original petition came up for consideration before this court on 26.8.2022, a report was called for from the learned magistrate as to the status of the said case and also as to why the same has not been transferred to the special court as contemplated under section 154(2) electricity act, 2003.2. in response to the same, the learnedmagistrate made available a report wherein, it is mentioned that, the case has been committed to the special court on 26.8.2022. thereupon, a further report was called for by this court from the sessions court as to the present status of the case and also as to the time required for completing the trial of the same. accordingly, the learned sessions judge, alappuzha placed a report dated 30.09.2022 wherein, it is.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 5880 OF 2022 AGAINST THE ORDER/JUDGMENTCC 2824/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR PETITIONER/ACCUSED: JIBIN JOSEPH AGED 34 YEARS S/O. M.P. JOSEPH, MARUKKUVILLAKIZHAKKETHIL, PANNIVIZHA, ADOOR P.O., PATHANAMTHITTA , PIN - 691523 BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) RESPONDENTS/STATE, COMPLAINANT AND DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE SUB INSPECTOR OF POLICE CHENGANNUR POLICE STATION, ALAPPUZHA, PIN - 689121 3 RAVIKUMAR S/O. MADHAVAN, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, MULAKKUZHA, CHENGANNUR,ALAPPUZHA, PIN - 689505 BY ADV PUBLIC PROSECUTOR ADV SREEJA V -SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 6th day of October, 2022 The petitioner is the accused in Crime No. pending before the Judicial First Class Magistrate Court, Chengannur, as C.C No.2824/2013. The prayer sought for in this Crl.M.C is for a direction to the learned Magistrate to expedite the trial of the said case to commit the same as to the Special Court, if any, constituted under Section 153 of Electricity Act 2003. since the offences involved under the provisions of Electricity Act 2003. whom this Original Petition came up for consideration before this Court on 26.8.2022, a report was called for from the learned Magistrate as to the status of the said case and also as to why the same has not been transferred to the Special Court as contemplated under Section 154(2) Electricity Act, 2003.

2. In response to the same, the learned

Magistrate made available a report wherein, it is mentioned that, the case has been committed to the special Court on 26.8.2022. Thereupon, a further report was called for by this Court from the Sessions Court as to the present status of the case and also as to the time required for completing the trial of the same. Accordingly, the learned Sessions Judge, Alappuzha placed a report dated 30.09.2022 wherein, it is mentioned that, the aforesaid case has been numbered as S.C 983/2022 and the said case can be disposed of within a period of four months. In the facts and circumstances of the case, the period specified by the learned Sessions Judge is reasonable. Therefore, this Crl.M.C, disposed of directing the Sessions Court, Alappuzha, to complete the trial of S.C 983/2022 within a period of four months from the date of production of this order. Sd/- ZIYAD RAHMAN A.A. JUDGE AP/6-10 APPENDIX OF CRL.MC 5880/2022 PETITIONER ANNEXURES Annexure -I TRUE COPY OF THE FINAL REPORT IN

CRIME 1638/2013 OF CHENGANNUR POLICE STATION PENDING AS CC 2824/2013 ON THE FILE OF JFMC, CHENGANNUR

Same Court & Year Kerala · 2022 Same Parties Jibin Joseph vs State of Kerala Represented by Its Public Pro... Same Judge Honourable Mr.Justice Ziyad Rahman a.a.