Joshin Das C.S. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 OP(Crl.).No. 87 of 2015 (Q) ---------------------------- AGAINST C.C. NO.705 OF 2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATTINKARA CRIME NO.58 OF 2014 OF ARIYANCODE POLICE STATION PETITIONER/ACCUSED:
-------------------------- JOSHIN DAS C.S., AGED 24 YEARS S/O.CHRISTHUDAS, THEKKEKKUZHIVILA PUTHENVEEDU ALATHOOR, ANAVOOR.P.O, THIRUVANANTHAPURAM-680631. BY ADVS.SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE SMT.PRINCY XAVIER RESPONDENT/COMPLAINANT:
--------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY GOVERNMENT PLEADER SMT.P.MAYA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 87 of 2015 APPENDIX ------------ PETITIONER'S EXHIBITS:
EXT.P1:
PHOTOSTAT COPY OF FINAL REPORT DT. 24.3.2015 IN CRIME NO.58 OF 2014 OF ARIYANCODE POLICE STATION EXT.P2:
PHOTOSTAT COPY OF THE JUDGMENT DT. 10.2.2015 IN O.P. ( CRL) NO.33 OF 2015 OF THIS HON'BLE COURT EXT.P3:
PHOTOSTATE COPY OF THE ADVICE LETTER ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DT. 19.12.2015 EXT.P4:
PHOTOSTAT COPY OF THE LETTER DT.08.01.2015 OF THE COMMANDANT, INDIA RESERVE BATTALION, RAMAVARMAPURAM, THRISSUR. RESPONDENTS EXHIBITS:
/TRUE COPY/ P.S TO JUDGE OP(Crl.).No. 87 of 2015 (Q) ----------------------------
APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXT.P1 PHOTOSTAT COPY OF FINAL REPORT DT.24-03-2015 IN CRIME NO.58/2014 OF ARIYANCODE POLICE STATION EXT.P2 PHOTOSTAT COPY OF THE JUDGMENT DT.10.02.2015 IN O.P(CRL)NO.33 OF 2015 OF THIS HON'BLE COURT EXT.P3 PHOTOSTAT COPY OF THE ADVICE LETTER ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION,DT.19.12.2014 EXT.P4 PHOTOSTAT COPY OF THE LETTER DT.08.01.2015 OF THE COMMANDANT,INDIA RESERVE BATTALION,RAMAVARMAPURAM,THRISSUR. RESPONDENT(S)' EXHIBITS -------------------------------
P.UBAID, J.
~~~~~~~~~~ O.P (Cr) No.87 of 2015 ~~~~~~~~~~~ Dated this the 20th March 2015
J U D G M E N T
The petitioner herein is the 7th accused in C.C No.705 of 2014 of the Judicial First Class Magistrate Court-I, Neyyattinkara. He seeks a direction for expeditious disposal of the case on the ground that he has received advice memo from the Public Service Commission for appointment as Police constable. Of course, his request is genuine. Pending prosecution will have to be cleared before appointment. So it is appropriate that a direction be given to the trial court to expedite trial, and to dispose of the case at the earliest. There is a report from the learned Magistrate that summons has already been ordered to the witnesses 1 to 3 cited by the prosecution, and the case now stands posted to 7.4.2015. The learned Magistrate has also reported that at least 7 months will be required to dispose of the case. When summons already stands ordered to three of the witnesses and the prosecution has cited only six witnesses, the trial court can
O.P (Cr) No.87 of 2015 be directed to make earnest efforts to try and dispose of the case within six months.
In the result, this petition is allowed. The court below is hereby directed to expedite trial in C.C No.705 of 2014 and dispose it of within six months from the date of receipt of a copy of this order.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge