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High Court of KeralaOP(Crl.)/157/2015disposed of

Balkees v. The State Of Kerala

2015-07-01Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 OP(Crl.).No. 157 of 2015 (Q) -------------------------------------- IN CC 437/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR .......

PETITIONER(S):

----------------------- BALKEES, AGED 38 YEARS, W/O. MUHAMMAD HANEEFA, VALIYAPARAMBIL HOUSE, THAVANOOR P.O., THAVANOOR AMSOM, MOOVANKARA DESOM, PONNANI TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA - 683 031.

2. MUHAMMAD ALI, S/O. ABOOBACKER, ITHIKA PARAMBIL HOUSE, THAVANOOR P.O., PIN - 679 573, THAVANOOR DESOM, MOOVANKARA DESOM, PONNANI TALUK, MALAPPURAM DISTRICT - 679 573.

R1 BY GOVERNMENT PLEADER SRI.N.SURESH THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01-07-2015, ALONG WITH OPCR. 158/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

msv/

OP(Crl.).No. 157 of 2015 (Q) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - A TRUE COPY OF THE FIR IN CRIME NO. 623/14 DT. 29.8.14. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

ALEXANDER THOMAS, J.

----------------------------- O.P(Crl).Nos.157 & 158 Of 2015 --------------------------------- st day of July, 2015.

Dated this the 1

J U D G M E N T

The prayer in these Original Petitions are as follows: O.P(Crl).No.157/2015 "To issue a direction, directing the Judicial First Class Magistrate Court Tirur to dispose of the case C.C 437/2015 on its file within such time as may be pleased by this honourable court." O.P(Crl).No.158/2015 "To issue a direction, directing the Judicial First Class Magistrate Court Tirur to dispose of the case C.C 352/2015 on its file within such time as may be pleased by this honourable court." 2.

This Court as per order dated 5.6.2015 had requested the registry to get a report from the court below concerned about the present stage and the reasonable time for disposal of C.C.Nos.437/2015 and 352/2015 and the total number of cases pending in that court etc. Now, the court below concerned, viz., Judicial First Class Magistrate Court-I, Tirur has furnished a report dated 29.6.2015 through the Registry of this Court wherein it is stated that considering the nature of the offence alleged, at least six months time would be required for disposing both the cases.

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O.P(Crl).Nos.157 & 158 Of 2015 3.

Heard Sri.Jamsheed Hafiz, learned counsel for the petitioner st respondent-State and the learned Public Prosecutor appearing for the 1 of Kerala.

4.

Taking into account the totality of the facts and circumstances of the case and considering the report dated 29.6.2015 submitted by the court below concerned, it is ordered in the interest of justice that the Judicial First Class Magistrate Court-I, Tirur will take all reasonable endeavour possible to ensure that C.C.Nos.437/2015 and 352/2015 are disposed of within six months' time as suggested by the court below in its report.

With these observations and directions, this Original Petition stands finally disposed of.

ALEXANDER THOMAS, Judge.

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