High Court of KeralaOP(Crl.)/220/2015disposed of

Brijesh P. v. State Of Kerala

2015-08-03Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 OP(Crl.).No. 220 of 2015 (Q) ----------------------------- CC.NO. 768/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR ------------------- PETITIONER(S)/ACCUSED NOS.1 TO 3 :

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1. BRIJESH.P., AGED 32 YEARS, S/O.BALAN, CHERUMOOLA, KARIVELLUR, KANNUR DISTRICT.

2. UNNI @ SREEKANTH, AGED 28 YEARS, S/O.K.JANAKI, KAMBRATH HOUSE, CHERUMOOLA, KARIVELLUR, KANNUR DISTRICT.

3. MANI @ DHANESH, AGED 29 YEARS, S/O.KRISHNAN, OLAT, KODAKKAD, P.O.OLAT.

BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENT/STATE :

---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 BY PUBLIC PROSECUTOR SRI.GITHESH.R.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(Crl.).No. 220 of 2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE COMPLAINT IN CMP.NO.1369/2014 OF JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR.

P2 COPY OF THE FIR IN CRIME NO.200/2014 OF PAYYANNUR POLICE STATION. P3 COPY OF THE RELEVANT PAGES OF THE RANKED LIST FOR THE POST OF POLICE CONSTABLE DRIVER (ARMED POLICE BATTALION) (KASARAGOD) RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

ALEXANDER THOMAS, J.

================== O.P.(Crl.) No. 220 of 2015 ================== Dated this the 3rd day of August, 2015

J U D G M E N T

The prayers in this Crl.M.C are as follows:

"i) direct the Judicial First Class Magistrate, Payyannur to dispose of C.C No.768/2014 at the earliest, within a time frame of one month.

ii) Issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case." 2.

As directed by this Court the Judicial First Class Magistrate Court, Payyannur has submitted a report dated 1.8.2015 to the Registry of this Court, wherein it is stated that there are about 3938 pending calender cases before that court and that in case this Court so orders, C.C. No.768/14 can be taken up and the case disposed of giving priority, within 6 months etc. 3.

Heard Sri.M.Sasindran, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent State of Kerala.

In the totality of the facts and circumstances of the case and taking into account the report dated 1.8.2015 furnished by the court below, it is ordered in the interest of justice that the court

O.P.(Crl.) No. 220 of 2015 - : 2 :- below shall take all reasonable endevours possible under the circumstance that C.C No. 768/14 is taken up for disposal without much further delay and all reasonable attempts should be made to ensure that the case disposed of within the period of six months suggested in the aforestated report.

sd/- sab ALEXANDER THOMAS, JUDGE