Ramees vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1403259
CourtKerala High Court
Decided OnNov-24-2023
Case NumberCrl.MC/9289/2023
JudgeHonourable Mr. Justice P.V.Kunhikrishnan
AppellantRamees
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice p.v.kunhikrishnan friday, the 24th day of november 2023 / 3rd agrahayana, 1945 crime no.400/2012 of eravipuram police station, kollam against the order/judgment in cc 86/2013 of judicial magistrate of first class -ii, kollam petitioner/s: ramees aged 34 years s/o. ameerudeen, c.v. house,vadakkumkara kizhakkecheriyil, mayyanad. p.o., kollam, pin - 691303 by advs. b.n.haskar b.k.gopalakrishnanrespondent/s: state of kerala represented by public prosecutor,high court of kerala ernakulam, pin - 682031 other present: sri hrithwik cs, pp this criminal misc. case having come up for admission on 24.11.2023, the court on the same day passed the following:p.v.kunhikrishnan, j.................................................................... crl.m.c no.9289 of 2023 ..................................................................... dated this the 24th day of november, 2023orderthis criminal miscellaneous case is filed with following prayers:- “(i) to quash annexures a2 final report and annexure a1 fir pending before the judicial first class magistrate court- ii, kollam vide c.c. no. 86 of 2013 in crime no. 4 00/2012 of eravipuram police station, and further proceedings thereon.(ii) to give a direction to the judicial firstclass magistrate court-ii, kollam to fix a time frame of three months to conclude the trial.” when this criminal miscellaneous case came up for consideration, this court directed the registry to get a report from the trial court about the time required to dispose c.c no.86/2013 because it is a very old case. the trial court submitted a report in which it is stated that the case can be disposed of within a period of six months. in the light of the above report, this criminal miscellaneous case can be disposed of, directing the judicial first class magistrate court-ii to dispose c.c 86/2013, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order. this criminal miscellaneous case is disposed of as above. sd/- p.v.kunhikrishnan judge sj appendix of crl.mc 9289/2023 petitioner annexures annexure a1 a true photocopy of the fir in crime no. 400 of 2012 of eravipuram police station, kollam dated 04-04-2012 annexure a2 a true photocopy of final report pending before judicial first class magistrate court- ii, kollam as c.c. no. 86/2013 dated
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 24TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945 CRIME NO.400/2012 OF ERAVIPURAM POLICE STATION, Kollam AGAINST THE ORDER/JUDGMENT IN CC 86/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONER/S: RAMEES AGED 34 YEARS S/O. AMEERUDEEN, C.V. HOUSE,VADAKKUMKARA KIZHAKKECHERIYIL, MAYYANAD. P.O., KOLLAM, PIN - 691303 BY ADVS. B.N.HASKAR B.K.GOPALAKRISHNAN

RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 OTHER PRESENT: SRI HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

................................................................... Crl.M.C No.9289 of 2023 ..................................................................... Dated this the 24th day of November, 2023

ORDER

This Criminal miscellaneous case is filed with following prayers:- “(i) To quash Annexures A2 Final Report and Annexure A1 FIR pending before the Judicial First Class Magistrate Court- II, Kollam vide C.C. No. 86 of 2013 in Crime No. 4 00/2012 of Eravipuram Police Station, and further proceedings thereon.

(ii) To give a direction to the Judicial First

Class Magistrate Court-II, Kollam to fix a time frame of three months to conclude the trial.” When this criminal miscellaneous case came up for consideration, this court directed the registry to get a report from the trial court about the time required to dispose C.C No.86/2013 because it is a very old case. The trial court submitted a report in which it is stated that the case can be disposed of within a period of six months. In the light of the above report, this criminal miscellaneous case can be disposed of, directing the Judicial First Class Magistrate Court-II to dispose C.C 86/2013, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this order. This criminal miscellaneous case is disposed of as above. Sd/- P.V.KUNHIKRISHNAN JUDGE SJ APPENDIX OF CRL.MC 9289/2023 PETITIONER ANNEXURES Annexure A1 A TRUE PHOTOCOPY OF THE FIR IN CRIME NO. 400 OF 2012 OF ERAVIPURAM POLICE STATION, KOLLAM DATED 04-04-2012 Annexure A2 A TRUE PHOTOCOPY OF FINAL REPORT PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, KOLLAM AS C.C. NO. 86/2013 DATED