The court affirmed the necessity of a speedy trial and the importance of not delaying proceedings due to missing evidence.

O R D E R

This Criminal Miscellaneous Case is filed to set aside the order dated 13.10.2015 in C.M.P. 731/2017 in C.C 870/08 on the files of Court of Judicial Magistrate of First Class – II, Kochi.

2. The respondents herein are the accused in CMP No.731/2017 on the file of the Judicial First Class Magistrate Court - II, Kochi. The above case is charge sheeted alleging offences punishable under Sections 380 , 457, 461 r/w 34 IPC . The case is taken on file as C.C. No.870/2008 arising from Crime No.643/2008 of Thoppumpady Police Station.

3. In the course of trial, prosecution wanted to mark the material objects which are given in the interim custody of CW2 (PW2). Accordingly, the trial court was pleased to issue notice to CW2 calling upon him to produce the articles taken by him on the basis of the order passed in CMP No.2494/08. Thereafter, CW2 entered appearance on 21.10.2016 and sought time for producing the same. However, on 21.11.2016, he filed Annexure A affidavit stating his inability to produce the article. It is submitted that no attempts were made by the trial court to ascertain the truth or falsity of the contents of the affidavit filed by CW2 despite the same being brought to the notice of the court. It is also the case of the petitioner that the photographs produced in the court pertaining to articles released to CW2 were missing from the court. As a result, the right of the prosecution to produce the entire evidence is taken away, is the submission. Therefore, the prosecution filed an application to defer the trial. The learned Magistrate dismissed the same as per Annexure – C order dated 13.10.2015 in C.M.P. No.731/2017 in C.C. No. 870/08. It will be better to extract Annexure - C order: “The learned APP filed this petition to defer trial and to hold enquiry as he submits that the photographs produced by PW2 in this case is missing from the records. On going through records, there is nothing to show that PW2 had produced photographs. The order of my learned predecessor is as follows:- 'Take the photographs in the presence of Junior Superintendent or SHO'. But there is nothing on record to show that such photographs were taken. Therefore it cannot be held that the photographs are missing in this case. Moreover, in this case, two accused persons are in custody for more than 2 years. PW2 was entrusted with the ornaments with a direction to produce the same as and when called for and the trial can be proceeded by marking the Kychit. A petition filed to defer trial at this fag end of trial, when 2 persons are in custody for more than 2 years until defeat the ends of justice. The learned APP should ensure that justice is done by providing speedy trial particularly when the accused are in custody for more than 2 years. If at all an enquiry is to be conducted, it shall not effect trial and it shall not deny justice to accused, and a separate proceeding can be initiated. I find that, in the interest of justice, this petition is to be dismissed.”

4. I see no reason to interfere with the above order. If there is any laches from anybody, appropriate steps can be taken in accordance with law. For that purpose, the trial of the case need not be deferred indefinitely. Therefore the learned Magistrate is directed to proceed with the trial in accordance with law. The Registry will forward the Trial Court Records forthwith. The prosecution is free to take appropriate steps in accordance with law untrammeled by any observation in the order passed by the learned Magistrate.

With the above observation, this Criminal Miscellaneous Case is disposed of.