The court affirmed its role in ensuring the timely administration of justice in criminal matters, directing the reconstruction of records and expedited consideration of discharge applications.

JUDGMENT

This original petition (criminal) is filed with the following prayers:-

i) Issue appropriate order or direction to the Additional District and Sessions Court-II, Thiruvananthapuram to consider Exhibit-P1 C.M.P. No.1244/2020 in S.C. No.1344/2015 and Exhibit-P2 C.M.P. No.73/2022 in S.C. No.1344/2015 and pass orders on it as expeditiously within such time as may be fixed and directed by this Hon’ble Court;

ii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Original Petition (Crl.), production of English translations of documents in vernacular, may kindly be dispensed with for the time being;

iii) To grant such other reliefs as this Honourable Court deems fit and proper to grant in the facts and circumstances of the case.” (SIC)

2. When this original petition (criminal) came up for consideration, this Court directed the Registry to get a report from the trial court about the time required to dispose Exts.P1 and P2 discharge petitions. A detailed report is filed by the Additional District and Sessions Judge- II, Thiruvananthapuram. It will be better to extract the relevant portion of the same, which reads as follows:-

“I took charge as Presiding Officer of this Court on 07.06.2023. This case was came up before me first time on 17.06.2023. On that day I have received a letter from Principal Sessions Judge for the reconstruction of the records. On perusal of the records I find that the original prosecution records have been missed and accordingly an enquiry was ordered. Similarly I have been directed to reconstruct the prosecution records. Thereafter I have conducted enquiry regarding the missing of the records. Similarly for the reconstruction of the records I have issued notice to both parties to produce copies, both certified and non-certified before me for the purpose of reconstruction. I may submit that on production of the copies by the parties concerned, I hope that I could reconstruct the records for the purpose of proceeding the matter further.

In view of the above circumstances I humbly submit that on reconstruction of the records I hope that I could dispose both the aforementioned CMPs within one month. The above facts submitted to the Hon'ble High Court for kind consideration.”

In the light of the above submission, I think this original petition (criminal) can be disposed of directing to dispose the discharge petitions within one month from the date on which the reconstruction of records are over.

Therefore, this original petition (criminal) is disposed of directing the Additional District and Sessions Judge-II, Thiruvananthapuram to reconstruct the records forthwith and to dispose Exts.P1 and P2 discharge petitions as expeditiously as possible, at any rate, within one month from the date on which the records are reconstructed.