IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 13^TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945 OP(CRL.) NO. 218 OF 2024 CRIME NO.609/2019 OF PUTHENCRUZ POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN ST NO.624 OF 2019 OF GRAMA NYAYALAYA, VADAVUCODE AT KOLENCHERY PETITIONER/ACCUSED 1 TO 6 & 8:

1 JOHN C.ABRAHAM, AGED 54 YEARS S/O.ABRAHAM, CHENNOTH HOUSE, NEAR GUARDIAN PUBLIC SCHOOL, IKKARANAD NORTH VILLAGE, PANGODE KARA, COCHIN, PIN – 695 609.

2 GRACY MATHEW, AGED 57 YEARS VALOTH HOUSE, PUTHENCRUZ VILLAGE, KANINAD KARA, ERNAKULAM, COCHIN,, PIN – 682 310.

3 MATHEW, AGED 63 YEARS S/O.PAILY, VALOTH HOUSE, PUTHENCRUZ VILLAGE, KANINAD KARA, ERNAKULAM, COCHIN, PIN – 682 310.

4 ELDHO ABRAHAM, AGED 50 YEARS S/O.ABRAHAM, CHENNOTH HOUSE, ARAKUZHA VILLAGE, PANDAPILLY KARA, COCHIN – 686 662. 5 SHAJI ABRAHAM, AGED 53 YEARS S/O.ABRAHAM, CHENNOTH HOUSE, ARAKUZHA VILLAGE, PANDAPILLY KARA, COCHIN,PIN - 686662

6 C.P.ELIYAS, AGED 65 YEARS S/O.POTHEN, CHENNOTH HOUSE, THIRUVANIYOOR VILLAGE, CHEMMANAD KARA, COCHIN,, PIN – 671 317.

7 MATHEW VARGHESE @ KUTTAN AGED 47 YEARS S/O.VARGHESE, MANAYATH HOUSE, KUNNATHUNAD VILLAGE, ERUMELI KARA, COCHIN,, PIN - 686509 BY ADVS.

B.PREMNATH (E)

SARATH M.S.

K.K.ALIAS RESPONDENT/COMPLAINANT :

STATION HOUSE OFFICER PUTHENCRUZ POLICE STATION, COCHIN - 682308, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SRI. NOUSHAD K.A. (PP)

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J ......….............................................

O.P.(Crl.) No.218 of 2024 …................................................

Dated this the 13^th day of March, 2024 JUDGMENT Petitioner seeks for a direction for speedy disposal of S.T.No.624/2019 on the files of the Gram Nyayalaya, Vadavucode.

2. The Supreme Court has, time and again observed that the constitutional courts must refrain itself from issuing directions for time bound disposal of the matters pending before the Trial Courts. Grant of an out of turn priority to a particular case will interfere with the priority of other cases, and therefore, it would be arbitrary for this Court to issue such directions. However, it is always open to a party in a proceeding to request the court concerned to grant priority, and if the circumstances so warrant, the court will be entitled to grant such a priority.

3. Therefore, in the circumstances of the case, this Court is not inclined to issue any direction for speedy disposal of S.T.No.624/2019 on the files of the Gram Nyayalaya, Vadavucode.

4. However, if any request for an out of turn priority is sought for by the petitioner, the learned Magistrate will be at liberty to consider granting such priority, notwithstanding the disinclination of this Court to issue any direction in that regard. With the above observations, this original petition is dismissed.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/13/03/2024 APPENDIX OF OP(CRL.) 218/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE FINAL REPORT BY THE RESPONDENT IN CRIME NO.609/2019 NOW PENDING AS S.T.NO. 624 OF 2019 BEFORE THE HONOURABLE GRAM NYALAYA, VADAVUCODE.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS, DOWNLOADED FROM THE WEBSITE OF THE HONOURABLE GRAM NYALAYA, IN RELATION TO S.T.NO. 624 OF 2019 ON THE FILE OF THE HONOURABLE GRAM NYALAYA, VADAVUCODE.

TRUE COPY