Premraj v. Gopan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID SATURDAY, THE 20TH DAY OF DECEMBER 2014/29TH AGRAHAYANA, 1936 Crl.MC.No. 6881 of 2014 () --------------------------- CC 1493/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD CRIME NO. 193/2013 OF VALIYAMALA POLICE STATION , THIRUVANANTHAPURAM DISTRICT ================== PETITIONER:
------------------ PREMRAJ, S/O. HENTRY, AGED 50 YEARS MYLAMOODU HOUSE, KARIKKANAD, NEDUMANGAD TRIVANDRUM.
BY ADVS.SRI.V.T.RAGHUNATH SMT.C.V.RAJALAKSHMI RESPONDENTS:
------------------------
1. GOPAN, S/O.MANUAL, AGED 40 YEARS MYLAMOODU HOUSE, KARIKKANAD, NEDUMANGAD TRIVANDRUM 695582
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031 R2 BY Sr.PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6881 of 2014 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNX.A1 - COPY OF THE FIR DT.16-04-13 IN CRIME NO.193/13 OF VALIYAMALA POLICE STATION.
ANNX.A2 - COPY OF THE RELEVANT PAGE OF THE FINAL REPORT IN CC NO.1493/13 OF JFCM I NEDUMANGAD.
ANNX.A3- COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6881 of 2014 --------------------------------------- Dated this the 20th day of December, 2014
O R D E R
The petitioner herein is the 1st accused in C.C.No.1493/2013 of the Judicial First Class Magistrate Court-I, Nedumangad. He seeks two reliefs under Section 482 Cr.P.C. One is for expeditious disposal of the case, and the other is for a direction to the court below to summon the call details in respect of the mobile phone of CW8. As regards the second prayer, of course, the petitioner will have to approach the trial court for appropriate relief. However, the learned counsel now submits that such a prayer is not seriously pressed. As regards the first prayer, the grievance of the petitioner is that he has good prospects for a job abroad, and if the trial is delayed, he will lose that employment. The grievance appears to be genuine, and if he is to remain here for years, waiting for the turn for trial, he will lose such employment opportunities. This will have to be seriously considered by the trial court. The petitioner can very well approach the trial court with request for early disposal after completion of the necessary
Crl.M.C.. No. 6881/2014 steps as regards the other accused. Of course, it will be inappropriate to direct a time bound disposal, when the court below is in fact a heavy court. However, earnest efforts will have to be made by the court below to dispose of the matter as against the petitioner herein, as expeditiously as possible, considering his grievance.
With these observations, this Crl.M.C. is closed. Sd/- P. UBAID, JUDGE sd o