Ninan Thayil v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Crl.MC.No. 6390 of 2015 () --------------------------- Crl.Rev.Pet 206/2015 of HIGH COURT OF KERALA CC 534/2010 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, ALAPPUZHA PETITIONERS:

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1. NINAN THAYYIL, AGED 42 YEARS, RESIDING AT B 46, RAJENDAR NAGAR, MATHURA ROAD, NEW DELHI - 110 068

2. JAMES J THAYYI, AGED 49 YEARS, RESIDING AT B 186, RAJENDER NAGAR, MATHURA ROAD, NEW DELHI - 110 068.

BY ADVS.SRI.VELLAYANI SUNDARARAJU SMT.P.MEENAKUMARI RESPONDENT:

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

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/21/10/15

Crl.MC.No. 6390 of 2015 () APPENDIX PETITIONERS' ANNEXURES :

A1 COPY OF ORDER IN CRL.REVISION PETITION NO.206 OF 2015 DATED 5.3.2015.

A2 COPY OF JUDGMENT OF SUPREME COURT OF INDIA IN RAJ DEO SHARMA VS. THE STATE OF BIHAR ON 8TH OCTOBER, 1998. RESPONDENT'S ANNEXURES :

NIL // True Copy // P.A. To Judge DSV/21/10/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 6390 of 2015 ======================= Dated this the 15th day of October, 2015

O R D E R

The petitioners have sought for an order for the speedy trial in C.C.No.534 of 2010 of the Judicial First Class Magistrate's Court-I, Alappuzha. A report has been called for from the learned Magistrate.

2. It seems that without giving any assurance for the disposal of the case within a specified period, a report has been submitted before this Court. According to the learned Magistrate, the witnesses are not available and repeatedly non-bailable warrants are being issued to the witnesses. Still the witnesses have not turned up. If the witnesses are not available even after

Crl.M.C. No.6390 of 2015 coercive steps, the court below has to dispense with the examination of those witnesses and examine the other witnesses in the case and complete the trial. This is a very old case, which is unnecessarily being prolonged by the evasive attitude of witnesses.

3. The court below shall dispose of the case as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this order. This Crl.M.C. is disposed of as above.

Sd/- B.KEMAL PASHA JUDGE DSV/15/10/15 // True Copy // P.A. To Judge