Premchand, vs State of Kerala,

Type Court Judgment Court Kerala Decided May 31, 2019

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Citation: sooperkanoon.com/1879200
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: May 31, 2019
Case Number: Crl.MC/1818/2019

Parties & Advocates

Appellant / Petitioner

Premchand,

Respondent

State of Kerala,

Excerpt

.....is the accused in c.c.no.917 of 2014 on the file of the judicial magistrate of first class-iv, kozhikode, wherein the accusation is that he has committed offence punishable under sections 3 and 4 read with section 17 of the kerala money lenders act, 1958, and sections 3 and 4 of the kerala prohibition of charging exorbitant interest act, 2012.2. the grievance of the petitioner relates to the delay in disposal of the case.3. according to the learned counsel, the seized documentshave been released to the witnesses in interim custody. during the examination of pw1, it was realised that the exhibits were not before court. the witness was bound over for production of exhibits. however, no steps were being taken, either to call for the documents or to complete the trial. the right of the petitioner for an expeditious disposal of the case has been infringed, contends the learned counsel. alternatively, the learned counsel contends that the continuance of proceedings is clear abuse of process.crl.mc:1818/2019 34. in view of the fervent submissions of sri.v.v.surendran, that the constitutional rights of the petitioner has been infringed, a report was called for from the learned magistrate.5. the report placed before this court reveals thatsummons was issued to cws.1 to 3 to appear on 11.08.2016. on that day, pw1 was examined in part and exts.p1 to p4 were marked. further examination could not be conducted as the registration certificates released to the respective owners were not available. on 07.11.2016, pw2 was examined. thereafter, due to the absence of the presiding officer, the trial was delayed till 21.05.2018. it is now reported that expeditious steps are being taken to secure the presence of pw1. the learned magistrate has also expressed optimism that the trial can be disposed of within a period of eight months.6. the report reveals that the entire trial is delayed for thelaches of the prosecution. there can be no justification on the part of the detecting.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941 Crl.MC.No. 1818 of 2019 IN CC NO.917/2014 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -IV, KOZHIKODE CRIME NO. 436/2014 OF Nadakkavu Police Station, Kozhikode PETITIONER/ACCUSED: PREMCHAND, AGED 35 YEARS, S/O.LATE ACHUTHANANAD, RESIDING AT ARANGIL HOUSE, VENGALI, P.O.ELATHUR, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS/COMPLAINANT & STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. 2 THE STATION HOUSE OFFICER, NADAKKAVU POLICE, NADAKKAVU, KOZHIKODE - 673 011. SMT. M. K. PUSHPALATHA SR. PP. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC:1818/2019 2

ORDER

The petitioner herein is the accused in C.C.No.917 of 2014 on the file of the Judicial Magistrate of First Class-IV, Kozhikode, wherein the accusation is that he has committed offence punishable under Sections 3 and 4 read with Section 17 of the Kerala Money Lenders Act, 1958, and Sections 3 and 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

2. The grievance of the petitioner relates to the delay in disposal of the case.

3. According to the learned counsel, the seized documents

have been released to the witnesses in interim custody. During the examination of PW1, it was realised that the exhibits were not before Court. The witness was bound over for production of exhibits. However, no steps were being taken, either to call for the documents or to complete the trial. The right of the petitioner for an expeditious disposal of the case has been infringed, contends the learned counsel. Alternatively, the learned counsel contends that the continuance of proceedings is clear abuse of process.

CRL.MC:1818/2019 3

4. In view of the fervent submissions of Sri.V.V.Surendran, that the constitutional rights of the petitioner has been infringed, a report was called for from the learned Magistrate.

5. The report placed before this Court reveals that

summons was issued to CWs.1 to 3 to appear on 11.08.2016. On that day, PW1 was examined in part and Exts.P1 to P4 were marked. Further examination could not be conducted as the registration certificates released to the respective owners were not available. On 07.11.2016, PW2 was examined. Thereafter, due to the absence of the presiding officer, the trial was delayed till 21.05.2018. It is now reported that expeditious steps are being taken to secure the presence of PW1. The learned Magistrate has also expressed optimism that the trial can be disposed of within a period of eight months.

6. The report reveals that the entire trial is delayed for the

laches of the prosecution. There can be no justification on the part of the detecting officer to keep himself away. The learned Magistrate shall address the concerned superior authorities to ensure his presence in addition to the initiation of coercive proceedings. Furthermore, having regard to the report, I direct the

CRL.MC:1818/2019 4 learned Magistrate to expedite the proceedings and conclude the same within a period of six months from today. This petition is disposed of as above. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE PS CRL.MC:1818/2019 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FIR REGISTERED AS CRIME NO.436/2014. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT AND CHARGE SUBMITTED BY THE 2ND RESPONDENT POLICE ON 17/7/2014 IS TAKEN ON FILE AS C.C.NO.917/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT- IV, KOZHIKODE. ANNEXURE A3 CERTIFIED COPY OF THE COURT CHARGE DATED

Same Court & Year Kerala · 2019 Same Parties Premchand, vs State of Kerala, Same Judge Honourable Mr. Justice Raja Vijayaraghavan V