Shiju v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 Crl.MC.No. 3812 of 2014 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 1397/2013 of J.M.F.C.,CHAVAKKAD IN CRIME NO.944/2013 OF VADANAPPALLY POLICE STATION, TRISSUR PETITIONER(S)/ACCUSED :

----------------------- SHIJU, S/O.LATE VELAYUDHAN, MANANGATH HOUSE, VADANAPPILLY, SANTHI ROAD, VADANAPPILLY P.O., TRICHUR-680 614. BY ADVS.SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENT(S)/COMPLAINANT/STATE :

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1. SUB INSPECTOR OF POLICE, VADANAPPILLY POLICE STATION, VADANAPPILLY, TRICHUR-680 614. (CRIME NO.944/2013).

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

3. ADDL.R3 IMPLEADED KAJAN, S/O.JAYATHILAKAN, CHERKKARATHANDAYIL HOUSE, DR.A.R.MENON ROAD, TRICHUR- 680 001.

R3 BY ADV.SRI.G.SREEKUMAR (CHELUR) R1 AND R2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

:2:

Crl.MC.No. 3812 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS -----------------------:

ANNEXURE 1 : COPY OF THE FIR ALONG WITH STATEMENT DTD.8.6.2013. ANNEXURE 2 : COPY OF THE COMPLAINT DTD.10.6.2013 FILED BEFORE THE DISTRICT COLLECTOR.

ANNEXURE 3 : COPY OF CERTIFICATE GIVEN BY THE VILLAGE OFFICER TO THE BROTHER OF THE PETITIONER.

ANNEXURE 4 : CERTIFIED COPY OF THE FINAL REPORT. ANNEXURE 5 : COPY OF THE STATEMENT DTD.8.6.2013 GIVEN BY CW2. ANNEXURE 6 : COPY OF THE STATEMENT DTD.8.6.2013 GIVEN BY CW3. RESPONDENT(S)' EXHIBITS -----------------------:

NIL // True Copy// P.A. to Judge SS

K. RAMAKRISHNAN, J.

-------------------------------------------------------------------------------------- -------------------------------------------------------------------- Dated this the 24th day of November, 2015

ORDER

This is an application filed by the accused in C.C.No.1397/2013 on the file of the Judicial First Class Magistrate Court, Chavakkad, to quash the proceedings under Section 482 of the Code of Criminal Procedure. 2.

It is alleged in the petition that, he was arrayed as sole accused in C.C.No.1397/2013 on the file of the Judicial First Class Magistrate Court, Chavakkad, alleging commission of the offence under Section 341, 506

(1) and 294(b) of the Indian Penal Code.

3.

When the application came up for haring today, the counsel for the petitioner submitted that he restricts his prayer for early disposal of the case by the magistrate, as he is excepting some employment. A report was called for from the Judicial First Class Magistrate

Court and it is seen from the report that, the particulars of offence were already read over and the accused pleaded not guilty. It is posted to 31.12.2015 for evidence and summons have been issued to CWs 1 to 4. The counsel for the petitioner wants that the case to be disposed of within one month. Considering the fact that, magistrate courts are crowded with large number of old cases, directing the magistrate to dispose of the case of the year 2013 within a short period submitted by the counsel for the petitioner will only cause additional burden on the trial courts. So considering the circumstances that the summons has already been issued to the witnesses, this court feels that the petition can be disposed of by giving direction to the Judicial First Class Magistrate Court, Chavakkad, to dispose of the case, as expeditiously as possible at any rate within three months from 31.12.2015, on which date, the case is now posted for examination of the

witnesses.

With the above direction and observation the petition is disposed of.

Office is directed to communicate this order to the court below immediately by fax.

Sd/- K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss