Anish Raju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Crl.MC.No. 7495 of 2015 () --------------------------- CC 778/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, THODUPUZHA CRIME NO.726/2011 OF KANJAR POLICE STATION PETITIONER/ACCUSED:

------------------- ANISH RAJU, AGED 28 YEARS, S/O.RAJU, PUTHENPURAYIL HOUSE, ELAMDESOM KARA, VELIYAMATTOM, THODUPUZHA.

BY ADVS.SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H.

RESPONDENT/STATE/COMPLAINANT:

----------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH STATION HOUSE OFFICER, KANJAR POLICE STATION THODUPUZHA DIST.

BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/10/12/15

Crl.MC.No. 7495 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- A: COPY OF THE FINAL REPORT IN CRIME NO.726/2011 OF KANJAR POLICE STATION.

B: COPY OF THE JUDGMENT DATED 9/6/2015 IN C.C 855/2011 OF JUDICIAL FIRST CLASS MAGISTRATES COURT-I, THODUPUZHA. C: COPY OF THE ADVICE MEMO DATED 1/9/2015 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, IDUKKI. RESPONDENT'S ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/10/12/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No.7495 of 2015 ======================= Dated this the 8th day of December, 2015

O R D E R

The petitioner, who is the 7th accused in Crime No.726 of 2011 of the Kanjar Police Station, against whom the proceedings in C.C.No.778 of 2015 are pending before the Judicial First Class Magistrate's Court-I, Thodupuzha, has come up with a request to get the proceedings against him, quashed. It is a hard case to continue with the prosecution, when considering Annexure-C advice memo from the Kerala Public Service Commission issued to the petitioner. At the same time, the prosecution cannot be thrown out.

2. It seems that the other accused in the case were

Crl.M.C. No.7495 of 2015 convicted and sentenced. The only course open to the petitioner is to get the trial of this case expedited. Considering the special circumstances involved in the matter, the court below shall expedite the trial in C.C.No.778 of 2015 and dispose of the matter expeditiously for enabling the petitioner to have a chance to join service, if he is entitled to.

With the said observations, this Crl.M.C. is closed. Sd/- B.KEMAL PASHA JUDGE DSV/8/12/15 // True Copy // P.A. To Judge