Shine Varghese v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 OP(Crl.).No. 7 of 2015 (Q) --------------------------- IN CC 33/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAPPANA PETITIONER(S):

--------------------------

1. SHINE VARGHESE AGED 40 YEARS ADVOCATE, S/O P.T VARGHESE PEERMADE TALUK, IDUKKI DISTRICT

2. T.C ABRAHAM, AGED 42 YEARS ADVOCATE, SON OF CHERIYAN THAKIDIPURATHU HOUSE, KUMILY VILLAGE IDUKKI DISTRICT BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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

2. SUB INSPECTOR OF POLICE KUMILY POLICE STATION, KUMILY, IDUKKI DISTRICT - 685 509

3. SMRITHI SUKLA AGED 36 YEARS, R/O 9/A KALYANPUR, KHURD PANKI ROAD KANPUR, UTTAR PRADESH, RESIDING AT KANPUR HOUSE NO.II/925A, ROSAPPUKANDOM KARA, KUMILY VILLAGE, PEERMADE TALUK - 685 509 R1-2 BY GOVERNMENT PLEADER SMT. P. MAYA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 7 of 2015 (Q) --------------------------- PETITIONERS EXHIBITS:

EXHIBIT P1: TRUE COPY OF THE FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, PEERMADE IN CONNECTION WITH C.C NO.32/2010 ARISING OUT OF CRIME NO.183/2006 OF KUMILY POLICE STATION EXHIBIT P2: TRUE COPY OF THE FINAL REPORT FILED BEFORE THE JFCM COURT -II, PEERMADE IN CONNECTION WITH C.C NO.33/2010 ARISING OUT OF CRIME NO.184/2006 OF KUMILY POLICE STATION RESPONDENTS EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

----------------------------- O.P(Crl.) No. 7 of 2015 --------------------------------------- Dated this the 22nd day of January, 2015.

J U D G M E N T

The petitioners herein are the accused Nos. 3 and 4 in C.C No.33/2010 of the Judicial First Class Magistrate court, Kattappana. Simultaneous trial in the said case along with C.C No.32/2010 is going on. The petitioners brought this petition under Article 227 of the constitution of India for direction to the court below to expedite try and disposal of C.C No.33/2010 within a time frame. A report from the trial court was called for regarding the present stage of two cases. The learned Magistrate has now reported that trial in C.C No.32/2010 is midway, and that C.C 33/2010 stands posted to 21.1.2015 to read over the particulars of offence to these petitioners who where subsequently added under Section 319 Cr.P.C. The learned Magistrate has also requested time for three months to disposal of the cases. The learned Magistrate is confident that the two cases could be simultaneously tried and disposed of within three months. This report is recorded, and this Original Petition is closed.

P.UBAID, JUDGE sab