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2021 Supreme(Ker) 285
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN, J.
Sankaranarayanan S/o Krishnan – Petitioner
Versus
State of Kerala Rep. by the Public Prosecutor, High Court of Kerala – Respondent
Crl. M.C. No. 917 of 2021
Decided On : 15-03-2021
Advocate Appeared:
For the Petitioner: Sri. P.A. Mujeeb.
For the Respondent: Sri. C.S. Hrithwik.
Point of Law: Criminal Trial - Long pendency and delay in trial - Magistrate given 6 month times to dispose case.
Headnote:
Kerala Money Lenders Act - Sections 3, 4, 17 - Delay in deciding case - Case originated from Crime registered at Central Police Station, for offences under Section 3 and 4 r/w 17 of Kerala Money Lenders Act - Trial of case has commenced and evidence of PW-1 is yet to be completed - Petitioner, a senior citizen suffering from various ailments, is aggrieved by delay in deciding case.
Finding of the Court:
Jurisdictional Magistrate has stated that PW-1 was examined and cross-examination was adjourned for want of time - Thereafter, summons was issued to PW-1 and CWs. 2 to 5 to appear - But case had to be adjourned by notification due to spread of Covid-19 pandemic and resultant lockdown - Magistrate has requested for six months time to dispose case.
Result: Cr. M.C. Disposed of.
ORDER :
1. Petitioner is the accused in C.C. No. 158 of 2015 on the files of the Chief Judicial Magistrate Court, Ernakulam. The case originated from Crime No. 1219 of 2015 registered at the Central Police Station, Kochi City for offences under Section 3 and 4 r/w 17 of the Kerala Money Lenders Act. The trial of the case has commenced and evidence of PW-1 is yet to be completed. The petitioner, a senior citizen suffering from various ailments, is aggrieved by the delay in deciding the case.
2. In the report called for, the jurisdictional Magistrate has stated that PW-1 was examined on 17.07.2019 and cross-examination was adjourned for want of time. Thereafter, summons was issued to PW-1 and CWs. 2 to 5 to appear on 17.02.2020, but the case had to be adjourned by notification due to the spread of Covid-19 pandemic and the resultant lockdown. The learned Magistrate has requested for six months time to dispose the case.
3. In the light of the report, the Crl. M.C. is disposed of, directing the Chief Judicial Magistrate, Ernakulam to dispose C.C. No. 158 of 2015 within an outer limit of six months from the date of receipt of a copy of this order.
