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High Court of KeralaOP(Crl.)/228/2015closed

Sarath Chandra Menon v. State Of Kerala

2015-10-27Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 OP(Crl.).No. 228 of 2015 (Q) ----------------------------- IN SC 693/2014 OF THE SESSIONS COURT, ALAPPUZHA PETITIONER/ACCUSED :

------------------- SARATH CHANDRA MENON, KADUVINGAL HOUSE, PRAYAR NORTH P.O, PUTHUPALLY VILLAGE, KARTHIKAPPALLY TALUK, OACHIRA, ALAPPUZHA DISTRICT, KERALA, PIN-690 547.

BY ADV. SRI.SANJAY THAMPI RESPONDENT/COMPLAINANT:

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

BY GOVERNMENT PLEADER SRI.JUSTIN JACOB THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 228 of 2015 (Q) ----------------------------- APPENDIX PETITIONER'S EXHIBITS:

----------------------- P1 : COPY OF THE FIR IN CRIME NO.570/2014 REGISTERED BY THE KAYAMKULAM POLICE.

P2 : COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER BEARING NO.B5918364.

P3 : COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER. P4 : COPY OF THE COMPLAINT FILED BY THE MOTHER OF THE PETITIONER.

P5 : COPY OF THE FIR BEARING CRIME NO.857/2011 REGISTERED BY KAYAMKULAM POLICE STATION.

P6 : COPY OF THE STATEMENT OF THE PETITIONER. P7 : COPY OF THE STATEMENT OF THE WIFE OF THE PETITIONER. P8 : COPY OF THE STATEMENT OF MUJEEB.

P9 : COPY OF THE FIR REGISTERED BY THE NORTH PARAVOOR POLICE BEARING CRIME NO.1454/2013.

P10: COPY OF THE ORDER DTD.29.9.2014 IN MC NO.123/2012 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM.

RESPONDENT'S EXHIBITS --------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- O.P(Crl) No.228 of 2015 --------------------------------------- Dated this the 27th day of October, 2015

J U D G M E N T

The petitioner herein is the accused in S.C No.693/2014 now pending before the First additional Sessions Court, Alappuzha. He seeks a direction from this Court under Article 227 of the Constitution of India for expeditious trial and disposal of the case. As required by the court, the learned trial judge has submitted a report dated 14.9.2015 regarding the total pendency there, and the present stage of the case. It is reported that the total pendency as on 31.8.2015 was 1111 cases and that after the court was notified as Special Court for the trail of offences against children, large number of cases are being filed or made over to the said court. However, the learned trial judge has reported that he will make earnest efforts to dispose of the case within a period of nine months. In the above situation, where the pendency in the court below is huge, it is inappropriate to give a direction for a time bound disposal. The report by the learned trial judge that the case could be disposed of within nine months is recorded, and the Original Petition is closed. P.UBAID JUDGE ab