Kerala High Court
Shan Kumar S vs State Of Kerala on 21 July, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY,THE 21ST DAY OF JULY 2014/30TH ASHADHA, 1936
Crl.MC.No. 3383 of 2014 ()
---------------------------
CC.NO. 682/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II
(MOBILE), ALAPPUZHA
------------------------------
CRIME NO. 913/2010 OF ALAPPUZHA SOUTH POLICE STATION ,ALAPPUZHA
-----------------------------
PETITIONER/4TH ACCUSED:
------------------------------------------
SHAN KUMAR S., AGED 29 YEARS,S/O. SIVARAMAN,
VAMAKSHI BHAVAN, CHENNAKKUNNU P.O.,
MUTTATHUKAVALA, KOTTAYAM-686 506.
BY ADV. SRI.D.AJITHKUMAR
RESPONDENTS/STATE & COMPLAINANT:
---------------------------------------------------------------
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. CIRCLE INSPECTOR OF POLICE,
ALAPPUZHA SOUTH-688 007.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 3383 of 2014 ()
---------------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES:
--------------------------------------------
ANNEX A- PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF THE CAR
BEARING NO. KL-34-A-4425 OWNED BY THE PETITIONER.
ANNEX B- TRUE COPY OF THE F.I.R. IN CRIME NO. 913 OF 2010 REGISTERED BY
THE SECOND RESPONDENT.
ANNEX C- TRUE COPY OF THE FINAL REPORT U/S 173 OF CR.P.C. IN C.C.NO. 682
OF 2012 PENDING IN THE COURT OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, ALAPPUZHA (MOBILE) IN CRIME NO. 913 OF
2010 OF ALAPPUZHA SOUTH POLICE STATION.
ANNEX D- TRUE COPY OF THE ADMISSION TICKET TO APPEAR FOR PHYSICAL
MEASUREMENT AND EFFICIENCY TEST FOR THE POST OF POLICE
CONSTABLE (ARMED POLICE BATTALION).
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K. Ramakrishnan, J.
==============================
Crl.M.C.No.3383 of 2014
==============================
Dated this, the 21st day of July, 2014.
O R D E R
This is an application filed by the petitioner who is the 4th accused in C.C.No.682/12 pending before Judicial First Class Magistrate Court, No-II, Alappuzha (Mobile) for speedy disposal of the case under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that petitioner has been arrayed as 4th accused in C.C.No.682/12 pending before Judicial First Class Magistrate Court, No-II, Alappuzha (Mobile) alleging offences under Sections 457, 461, 380 & Section 34 of Indian Penal Code. The case of the prosecution was that accused Nos. 1 to 4 with common intention to commit theft in the shop by name RUDE 88 CLUB for U of Cws 1 & 2 went in a taxi with No.KL-34-A-4425 owned by the petitioner on 06.08.2010 at 1.00 a.m and accused Nos.1 & 2 went to the shop and committed theft and came back and escaped in the same vehicle and thereby, all of them have committed the above said offence. He is totally innocent of the same. He was only a taxi driver and accused Nos. 1 to 3 hired the vehicle for Crl.M.C.No.3383 of 2014 : 2 : the trip and he was not aware of the commission of the theft by them. He has been falsely implicated in the case. Though final report was filed in the year 2011, it was not disposed of so far. He has been now shortlisted for PSC examination. So, unless the case is disposed of, he will be put to serious hardships and his employment prospects will be affected. So, he has no other remedy except to approach this court seeking the following relief:
"To direct the Judicial First Class Magistrate Court- II, Alappuzha (Mobile) to dispose of C.C.No.682 of 2012 as early as possible within a time frame as fixed by this Hon'ble Court"
3. On the basis of the allegations made, this court has called for a report from the Judicial First Class Magistrate Court, No-II, Alappuzha (Mobile) regarding the present stage and time required for disposal of the case and the learned magistrate has sent a report which reads as follows:
"With reference to the above O.M I may most humbly submit before your good self that I received the O.M only at 3 pm on 1.7.2014. C.C.No.682/2012 was in fact made over to this court from the JFCM I, Alappuzha as per the order of the Chief Judicial Magistrate. There are 4 accused in this case and due to the non-appearance of all the accused, charge was not even framed against the accused in this case till date. Now NBW is pending against the A3 Crl.M.C.No.3383 of 2014 : 3 : in this case and the case stands posted to 02.07.2014 for return of warrant against A3. This court is a mobile court and APP is available in this court on fridays only in a week. In fact more than 800 cases pending in this court were made over to this court, though most of the cases are IPC offences and offences under the special Acts, which requires the presence of APP for conducting the trials. If the accused appears and the 9 witnesses in this case are turning upon summons on the date of summons before this court for trial only this case can be disposed off at an early date. Since all the IPC cases can only be posted on Fridays in this court, if APP is on leave or witness are absent or I am on leave on a Friday or it is a holiday, then the case can only be adjourned to a quite long date as the other Fridays were already posted and filled up with IPC cases by that time. Even if it is posted with heavy postings on a Friday most of the witnesses cannot be examined within 5 pm on a day if a contesting witness is present on a day. Hence I may most humbly request before your good self to consider all the above aspects and to grant sufficient time for disposing the case at the earliest and I shall ensure that all possible steps will be taken to dispose the case at the earliest as far as possible."
4. Thereafter, another report was called for from the Chief Judicial Magistrate, asking whether any availability of regular Assistant Public Prosecutor can be provided to that court and the learned Chief Judicial Magistrate has sent a report which reads as follows:
Crl.M.C.No.3383 of 2014 : 4 :
"C.C.682/12 on the file of Judicial I Class Magistrate-II, Alappuzha(Mobile Court) is a case charge sheeted by the Circle Inspector of Police, Alappuzha South Police Station against accused for offences alleged to have been committed by them u/s.457, 461, 380 r/w 34 of IPC.
Allegation against the accused is that, on 6.8.10 at about 1 AM night accused 4 in numbers came in a Car bearing Regn.No.KL/34 A 4425 belonging to fourth accused near the ready made shop of CW1, smashed the lock of the front shutter of the said shop room, entered inside the shop room and committed theft of ready made dress materials and money worth Rs.13,300/- thereby committed the above said offences.
The fourth accused in the case is the petitioner in Crl.M.C 3383/2014 on the file of the Hon'ble High Court of Kerala. I have perused the cased records in C.C.682/12 on the file of the Judicial I Class Magistrate-II, Alappuzha. Charge is not seen framed against accused. From the order sheet it is seen that third accused is now absconding and non bailable warrant is pending against third accused and notice under section 446 Cr.P.C has been issued and the case is posted to 30.07.2014.
If the case is withdrawn from the file of that court, the same can be disposed by this court. In that event three months time from the date of appearance of the accused before this court may be given to dispose the case.
This report is filed for kind consideration and necessary directions."
5. Since the case is now pending before Judicial First Class Magistrate Court, No-II, Alappuzha (Mobile) and unless the case is withdrawn to the Chief Judicial Magistrate Court, he may not be able to dispose of the case. Considering the fact Crl.M.C.No.3383 of 2014 : 5 : that the incident occurred in the year 2010 and final report filed in the year 2011 and it was taken on file as C.C.No.682/12 and pending before the Judicial First Class Magistrate Court, No-II, Alappuzha (Mobile) and the regular Assistance of the Public Prosecutor is not available, it may be difficult for that court to dispose of the case even if a time limit is provided. So, under the circumstances, if the petitioner applies to the Chief Judicial Magistrate, stating the reasons seeking for early disposal by withdrawing the case, then, the learned Chief Judicial Magistrate is directed to consider and dispose of that application within one week from the date of filing of the application in view of the report submitted by the Chief Judicial Magistrate before this court in this and pass appropriate orders in accordance with law.
With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the Chief Judicial Magistrate Court as well as Judicial First Class Magistrate Court, No-II, Alappuzha (Mobile) immediately and also hand over a copy of the order to the Counsel for the petitioner also to produce the same along with the petition to Crl.M.C.No.3383 of 2014 : 6 : be filed for transfer of the case before the Chief Judicial Magistrate Court.
Sd/-
K.Ramakrishnan, Judge.
Bb [True Copy] PA To Judge