Rishan Mandal v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 OP(Crl.).No. 14 of 2015 () --------------------------- SC 204/2014 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM ================== PETITIONER:
------------------- RISHAN MANDAL, AGED 32 YEARS S/O. GANESH MANDAL, BAGHARPUR RAMNA GRAMAPANCHAYAT PARA-CHANI PARA, MURSHIODABAD DIST., WEST BENGAL. BY ADV. SRI.M.J.SANTHOSH RESPONDENT/COMPLAINANT:
-------------------------------------------- THE STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF POLICE EXCISE ENFORCEMENT & ANTI-NARCOTIC SPECIAL SQUAD ERNAKULAM, REP. BY GOVERNMENT PLEADER HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. S. HYMA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 14 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ EXHIBIT P1- THE TRUE COPY OF FINAL REPORT IN S.C.NO. 204/14. RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- O.P.(Crl) No.14 of 2015 --------------------------------------- Dated this the13th day of February, 2015
JUDGMENT
The petitioner herein is the accused No.2 in Crime No.23/2013 of the Excise Enforcement and Anti-Narcotic Special Squad, Ernakulam. His case is now pending before the learned Additional Sessions Court (Adhoc-I), Ernakulam as S.C.No.204/2014. He seeks a direction to the court below under Article 227 of the Constitution of India for expeditious trial and disposal of the case within a time frame fixed by the court. Of course, the petitioner does not have a specific ground for such prayer, except that speedy trial is his fundamental right. Of course, speedy trial is the right of every person facing trial. But we have thousands and lakhs of people waiting for justice in the queue in our country. The claim of fundamental right will have to be assessed and appreciated in such a social situation. Any way, there is report by the learned trial Judge that the case could be tried and disposed of within three months. The said report shows that the court has framed charge on 31.01.2015, and the learned
O.P.(Crl) No.14 of 2015 trial Judge is confident that the case could be disposed of within three months.
The said report by the learned trial Judge is recorded, and this Original Petition (Crl) is closed.
Sd/- P. UBAID, JUDGE sd