K. Balan Nair Vs. Sub Inspector of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1158229
CourtKerala High Court
Decided OnJul-24-2014
JudgeHONOURABLE MR.JUSTICE C.T.RAVIKUMAR
AppellantK. Balan Nair
RespondentSub Inspector of Police
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice k.ramakrishnan thursday, the24h day of july20142nd sravana, 1936 crl.mc.no. 3776 of 2014 () --------------------------- cc.no.84/2009 of judicial first class magistrate court, mannarkad, palakkad district ---------------- petitioner/accused: --------------------------------------- k. balan nair, s/o. krishnan nair, 124- vikas nagar, chakkorathkulam house, eranhippalam.p.o., kozhikkode-673 006. by advs.sri.t.g.rajendran sri.t.r.tarin smt.ann susan george respondent(s)/complainant/state: ---------------------------------------------------------------- 1. sub inspector of police, mannarkkad police station, palakkad.pin-678 582 2. state, rep. by public prosecutor, high court of kerala, ernakulam.pin-682 031 r1 & r2 by public prosecutor smt. s.hyma this criminal misc. case having come up for admission on2407-2014, the court on the same day passed the following: sts k. ramakrishnan, j.============================== crl.m.c.no.3776 of 2014 ============================== dated this, the 24th day of july, 2014. order this is an application filed by the petitioner seeking a direction to the judicial first class magistrate court, mannarkkad for speedy disposal of the case under section 482 of code of criminal procedure.2. it is alleged in the petition that the petitioner is the sole accused in c.c.no.84/09 on the file of the judicial first class magistrate court, mannarkkad and the petitioner was charge sheeted by the police alleging offences under section 3 (2)(e) of prevention of destruction of public property act. the allegation was that on 10.04.1993 at 10.30 p.m, he dis- mantled the telephone alignment to the house of one jose mathew and removed the post and wires and the case was registered on the basis of the complaint lodged by the assistant engineer and after investigation, final report was filed and it is now pending as c.c.no.89/09 before that court. he is aged 82 years. on getting summons, he appeared and released on bail. after few adjournments, charge was framed and though he was attending all hearing dates, no attempt was crl.m.c.no.3776 of 2014 :2. : made to dispose of the case. he will have to travel from kozhikode to mannarkkad to attend the case which causes great hardship to him. so, the petitioner has no other remedy except to approach this court seeking the following relief: "to direct the judicial 1st class magistrate mannarkkad to complete the trial as expeditiously as possible, in the interest of justice." 3. considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned public prosecutor and getting a report from the concerned court. accordingly, a report has been called for from judicial first class magistrate court, mannarkkad regarding the present stage and the time required for disposal of the case and accordingly, the learned magistrate had sent a report which reads as follows: "this case is charge sheeted by sub inspector of police, mannarkkad in crime no.158/1993 offence punishable u/s 2 and 4 of indian telegraph act. it was taken on file as c.c.no.66/1995, the accused was not appeared on summons or warrant. then it was transferred to long pending case as lp no.33/1996. subsequently on surrendering of the accused this case is refiled as cc842009. the case was called on 16.6.2014 and accused was absent represented. on 16.6.2014 summons to the cw1 to 3 have been issued to 20.10.2014. now case is crl.m.c.no.3776 of 2014 :3. : posted to 20.10.2014 for examination of cw1 to cw3. i may try with my level best the case to be disposed within 6 months." 4. heard the counsel for the petitioner and the learned public prosecutor.5. it is seen from the report of the learned magistrate that though a crime was registered in the year 1993, and after receiving final report, it was taken on file as c.c.no.66/1995. since the petitioner did not appear, the case was transferred to register of long pending cases as l.p.no.33/1996. thereafter, the petitioner surrendered and it was refiled as c.c.no.84/2009. it is also seen from the report that the case was posted to 20.10.2014 for examination of witnesses and the learned magistrate submitted that he will be able to dispose of the case within six months. so, considering the circumstances, this court feels that the petition can be disposed of accepting the report of the learned magistrate. so, the petition is disposed of as follows: i) the judicial first class magistrate court, mannarkkad is directed to expedite disposal of the case as expeditiously as possible at any rate within six months from 20.10.2014 on which date, the case is now posted for examination of witnesses crl.m.c.no.3776 of 2014 :4. : ii) if the petitioner applies for personal exemption and if the identity of the petitioner is not in dispute, then, the learned magistrate is directed to consider and dispose of that application in accordance with law fixing the date of appearances which is required for smooth disposal of the case. with the above direction and observation, the petition is disposed of. office is directed to communicate this order to the concerned court immediately. sd/- k.ramakrishnan, judge. bb [true copy] p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE24H DAY OF JULY20142ND SRAVANA, 1936 Crl.MC.No. 3776 of 2014 () --------------------------- CC.NO.84/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKAD, PALAKKAD DISTRICT ---------------- PETITIONER/ACCUSED: --------------------------------------- K. BALAN NAIR, S/O. KRISHNAN NAIR, 124- VIKAS NAGAR, CHAKKORATHKULAM HOUSE, ERANHIPPALAM.P.O., KOZHIKKODE-673 006. BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN SMT.ANN SUSAN GEORGE RESPONDENT(S)/COMPLAINANT/STATE: ---------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, PALAKKAD.PIN-678 582 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 R1 & R2 BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2407-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K. Ramakrishnan, J.

============================== Crl.M.C.No.3776 of 2014 ============================== Dated this, the 24th day of July, 2014. ORDER

This is an application filed by the petitioner seeking a direction to the Judicial First Class Magistrate Court, Mannarkkad for speedy disposal of the case under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that the petitioner is the sole accused in C.C.No.84/09 on the file of the Judicial First Class Magistrate Court, Mannarkkad and the petitioner was charge sheeted by the police alleging offences under Section 3 (2)(e) of Prevention of Destruction of Public Property Act. The allegation was that on 10.04.1993 at 10.30 p.m, he dis- mantled the telephone alignment to the house of one Jose Mathew and removed the post and wires and the case was registered on the basis of the complaint lodged by the Assistant Engineer and after investigation, final report was filed and it is now pending as C.C.No.89/09 before that court. He is aged 82 years. On getting summons, he appeared and released on bail. After few adjournments, charge was framed and though he was attending all hearing dates, no attempt was Crl.M.C.No.3776 of 2014 :

2. : made to dispose of the case. He will have to travel from Kozhikode to Mannarkkad to attend the case which causes great hardship to him. So, the petitioner has no other remedy except to approach this court seeking the following relief: "To direct the Judicial 1st Class Magistrate Mannarkkad to complete the trial as expeditiously as possible, in the interest of justice." 3. Considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor and getting a report from the concerned court. Accordingly, a report has been called for from Judicial First Class Magistrate Court, Mannarkkad regarding the present stage and the time required for disposal of the case and accordingly, the learned magistrate had sent a report which reads as follows: "This case is charge sheeted by sub inspector of police, Mannarkkad in Crime No.158/1993 offence punishable U/s 2 and 4 of Indian Telegraph Act. It was taken on file as C.C.No.66/1995, the accused was not appeared on summons or warrant. Then it was transferred to long pending case as LP No.33/1996. Subsequently on surrendering of the accused this case is refiled as CC842009. The case was called on 16.6.2014 and accused was absent represented. On 16.6.2014 summons to the CW1 to 3 have been issued to 20.10.2014. Now case is Crl.M.C.No.3776 of 2014 :

3. : posted to 20.10.2014 for examination of CW1 to CW3. I may try with my level best the case to be disposed within 6 months." 4. Heard the Counsel for the petitioner and the learned Public Prosecutor.

5. It is seen from the report of the learned magistrate that though a crime was registered in the year 1993, and after receiving final report, it was taken on file as C.C.No.66/1995. Since the petitioner did not appear, the case was transferred to register of long pending cases as L.P.No.33/1996. Thereafter, the petitioner surrendered and it was refiled as C.C.No.84/2009. It is also seen from the report that the case was posted to 20.10.2014 for examination of witnesses and the learned magistrate submitted that he will be able to dispose of the case within six months. So, considering the circumstances, this court feels that the petition can be disposed of accepting the report of the learned magistrate. So, the petition is disposed of as follows: i) The Judicial First Class Magistrate Court, Mannarkkad is directed to expedite disposal of the case as expeditiously as possible at any rate within six months from 20.10.2014 on which date, the case is now posted for examination of witnesses Crl.M.C.No.3776 of 2014 :

4. : ii) If the petitioner applies for personal exemption and if the identity of the petitioner is not in dispute, then, the learned magistrate is directed to consider and dispose of that application in accordance with law fixing the date of appearances which is required for smooth disposal of the case. With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge