High Court of KeralaOP(Crl.)/202/2014closed

C.Balachandran v. State Of Kerala

2015-02-04Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 OP(Crl.).No. 202 of 2014 (Q) ----------------------------- IN CC 154/2013 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM PETITIONER:

----------- C.BALACHANDRAN, S/O. CHANDRASEKHARAN NAIR, 'SOUPARNIKA GARDENS', CHANDRIKA BAVANAM, MARKET ROAD, THRIPUNITHURA, ERNAKULAM - 682 301.

BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE RESPONDENTS:

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

1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 695 001.

2. M/S. SOUPARNIKA GROUP, 23/5 B, POORNAPRABHA BUILDINGS, OPP. TALUK HOSPITAL, THRIPUNITHURA, ERNAKULAM DISTRICT REP. BY IT'S PARTNER JOSE THOMAS.

3. JOSE THOMAS, S/O. K.J.THOMAS, PARTNER, M/S. SOUPARNIKA GROUP, 23/5 B, POORNAPRABHA BUILDGINS, OPP. TALUK HOSPITAL, THRIPUNITHURA, ERNAKULAM DISTRICT RESIDING AT KIZHAKKUMPURATH HOUSE, KADAVOOR P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT.

4. THOMAS RAJU, S/O. LATE THOMAS CHACKO, PARTNER M/S. SOUPARNIKA GROUP, 23/5 B, POORNAPRABHA BUILDINGS, OPP. TALUK HOSPITAL, THRIPUNITHURA, ERNAKULAM DISTRICT, RESIDING AT 'ANJALI', 34/2433 B GOVT. H.S. ROAD, EDAPPALLY, ERNAKULAM.

R1 BY GOVERNMENT PLEADER SMT.S.HYMA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 202 of 2014 (Q) ----------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- P1 - PHOTOCOPY OF CC NO. 154/13 ON THE FILES OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

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

P.UBAID, J.

--------------------------------------- O.P(Crl) No.202 of 2014 --------------------------------------- Dated this the 4th day of February, 2015

J U D G M E N T

The petitioner seeks a direction under Section 227 of the Constitution of India for speedy and expeditious disposal of a case wherein he is the complainant. Now there is report from the trial court that the total pendency of cases there is 21501. The complaint was filed by the petitioner herein in 2012, and cognizance was taken in 2013. When the total pendency is more than 21000, it would be inappropriate and unjust to direct a time bound disposal of the petitioner's case. The petitioner does not have any special reason or ground when thousands and lakhs are waiting for justice. Anyway, now it is submitted that the case now stands transferred to the newly established Judicial First Class Magistrate Court at Tripunithura. The petitioner can very well approach the trial court for speedy disposal stating the reasons and grounds. Now doubt, if the reason stated by the petitioner is genuine, it will definitely be considered by the learned Magistrate.

With these observations this Original Petition is closed. P.UBAID JUDGE ab