Baby v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Crl.MC.No. 164 of 2015 () -------------------------- CC 517/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY CRIME NO. 266/2012 OF VELLIKULANGARA POLICE STATION, TRISSUR DISTRICT ================== PETITIONER/ACCUSED:

---------------------------------- BABY, AGED 54 YEARS S/O. ISAC, MANNUMPUZHA VEEDU ATHANI, THRISSUR.

BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 164 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ A1 - TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 266/2012 OF VELLIKULANGARA POLICE STATION A2 - TRUE COPY OF THE FINAL REPORT NO. 1114/13 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY.

RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.164 of 2015 --------------------------------------- Dated this the 13th day of January, 2015

O R D E R

The petitioner herein is the sole accused in C.C.No.517/2014 of the Judicial First Class Magistrate Court, Chalakudy. He is a Sub Inspector in service, and he is due to retire on superannuation, next year. He seeks orders from this Court for speedy disposal of the case, on the ground that pendency of the prosecution may adversely affect his service benefits when he has not much period to retire on superannuation. Of course, the petitioner's grievance will have to be considered as genuine by the trial court. If the case is not disposed of, or if the prosecution against him is not cleared before he retires from service, there is possibility of his benefits being affected. In such a situation, it would be only appropriate to direct the court below to dispose of the case at the earliest. However, direction for a time bound disposal is not appropriate when the court of Judicial First Class Magistrate, Chalakudy is a heavy court where the pendency is huge.

Crl.M.C.. No. 164/2015 In the result, this petition is closed with direction to the court below that if application is made by the petitioner for speedy trial and disposal of C.C.No.517/2014, on the ground that he is due to retire from service next year, the same shall be seriously considered, and earnest efforts shall be made to try and dispose of the case at the earliest.

Sd/- P. UBAID, JUDGE sd