Kerala High Court
Andru vs State Of Kerala on 1 August, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY,THE 1ST DAY OF AUGUST 2014/10TH SRAVANA, 1936
Crl.MC.No. 3435 of 2014 ()
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SC.NO. 998/2012 OF ASST. SESSIONS COURT, VADAKARA
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CRIME NO. 108/2012 OF NADAPURAM POLICE STATION , KOZHIKODE
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PETITIONER(S)/ACCUSED 5,2 & 6:
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1. ANDRU,S/O.KUNHI SOOPPY,AGED 30 YEARS, (A5)
CHERIYA KAMMARANKANDY HOUSE,
KUMMANODE, NADAPURAM, KOZHIKODE DISTRICT.
2. JAFFER.K.K.,S/O.MAMMOOTTY, AGED 32 YEARS, (A2)
KAMMARAMKANDIYIL HOUSE, KUMMANODE,
NADAPURAM, KOZHIKODE DISTRICT.
3. JAFFER.A, AGED 28 YEARS, (A6)
S/O.MAMMU, ERATH HOUSE, KUMMANODE,
NADAPURAM, KOZHIKODE DISTRICT.
BY ADVS.SRI.SALIM V.S.
SRI.SHANAVAS.S
SRI.H.NUJUMUDEEN
SRI.P.V.JEEVESH
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN -682 031.
BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 3435 of 2014 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEX-A1: TRUE COPY OF THE F.I.R
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K. RAMAKRISHNAN, J.
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Crl. M.C. No.3435 of 2014
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Dated this the 1st day of August, 2014
O R D E R
This criminal miscellaneous case is filed by the petitioners, who are accused Nos. 5, 2, and 6 respectively in S.C.No.998/2012 on the file of Assistant Sessions Court, Vatakara, for early disposal of the case, under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').
2. It is alleged in the petition that, the petitioners were arrayed as accused Nos.5, 2 and 6 respectively in S.C.998/2012 pending before the Assistant Sessions Court, Vatakara, which originated from Crime No.108/2012 of Nadapuram police station. They were charge-sheeted by Nadapuram police, challenging offences under Section 143, 147, 148, 324, 341, 308 read with Section 149 of the Indian Penal Code. They have been Crl. M.C 3435/2014 2 falsely implicated in the case. On account of the pendency of the case, they are not able to go any where. So they want an early disposal of the case. So the petitioners have no other remedy, except to approach this court, seeking the following reliefs:
i. Direct the Asst. Sessions Court, Vatakara to dispose of S.C.998/2012 in Crime No.108/2012 of Nadapuram police station within a reasonable time fixed by this Hon'ble court considering the facts and circumstances of this case in the interest of justice.
ii. Pass such other order which this Hon'ble court may deem fit and proper considering the peculiar facts and circumstances of the case in the interest of justice.
3. Considering the nature of relief claimed in the petition, this court felt that, the petition can be disposed of, after hearing the learned counsel for the petitioner and learned Public Prosecutor and also getting a report from the concerned court. Accordingly a report has been called for from the Assistant Sessions Court, Vatakara, and the learned Assistant Sessions judge has sent a report, which reads as follows:
Crl. M.C 3435/2014 3
"Referring to above, I may submit that SC.998/2012 pending before this court is a case originated from Crime No.108/12 of Nadapuram police station. In Crime No.108/12 the station house officer, Nadapuram charged a case against 5 accused for commission of offences punishable u/s.143, 147, 148, 341, 324, 308 r/w. 149 IPC. As per order dated 15.11.12 in CP96/12 the Judicial First Class Magistrate Nadapuram committed the case against A2, A3 and A5 in Crime No.108/12 to the Sessions Court, Kozhikode. The Hon'ble Sessions Judge, Kozhikode then made over the case to this court as SC.998/12. On receipt of summons, all accused [A1 to A3] appeared before this court and they were permitted to continue on bail and the case now stands posted to 10.11.2014 for hearing and framing charge.
In this regard, I may further submit that upon framing charge, four months further time is required to try and dispose the case".
4. Heard the counsel for the petitioner and learned Public Prosecutor.
5. It is an admitted fact that the petitioners have been arrayed as accused in S.C.No.998/2012 pending before the Assistant Sessions Court, Vatakara, which originated from Crime No.108/2012 of Nadapuram police station. The grievance of the petitioners is that, the case is not being taken up and pendency of the case causes hardship to them. It was alleged in the petition that, they Crl. M.C 3435/2014 4 have been falsely implicated in the case.
6. It is true that Article 21 of the Constitution of India mandates speedy disposal of cases, where the accused are facing prosecution, as they are not expected to undergo the trauma of trial for a longer period and they are entitled to get the case disposed either way at the earliest possible time. But at the same time, the mandate of the Constitution could not be achieved by the courts below on account of pendency of large number of cases in each court. In the report the learned Assistant Sessions Judge has stated that, the case is now posted to 10.11.2014 for framing charges and after framing charges, he will be able to dispose of the case within four months. So in view of the report submitted by the Assistant Sessions Judge, this court feels that, there is no necessity to issue any further direction, except accepting the report and disposing the case, giving direction to the court below to expedite the trial as mentioned in the report. So the petition is disposed of as Crl. M.C 3435/2014 5 follows:
The learned Assistant Sessions Judge, Vatakara, is directed to dispose of S.C.No.998/2012 pending before that court, as expeditiously as possible, at any rate within four months from 10.11.2014, on which date the case is now posted for framing charges. The petitioners and other accused persons are also directed to co-operate with the disposal of the case.
With the above direction and observation, this criminal miscellaneous case is disposed of. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE // True Copy // P.A. to Judge ss