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2023 Supreme(Online)(KER) 21746

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SAJEEV RAJAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 826 2023



Advocates:
RENJITH B.MARAR, LAKSHMI.N.KAIMAL, ARUN POOMULLI, PREETHA S CHANDRAN, ABHIJITH SREEKUMAR, ANAND REMESH, ABHIRAM.S.

The decision emphasized the importance of practical case management in courts while balancing judicial efficiency and the rights of involved parties.

Headnote:

Writ - Criminal Proceedings - Act Section List - This case discusses a writ petition seeking directives for case postings and the difficulties experienced by the court in managing multiple cases due to staffing limitations, ultimately leading to a practical solution for scheduling.

Fact of the Case:

A petition was filed seeking a writ of certiorari to quash ongoing proceedings against the petitioners and to request the scheduling of multiple cases on the same day before the Additional Chief Judicial Magistrate Court, Thrissur.

Finding of the Court:

The court analyzed the report from the Chief Judicial Magistrate indicating that logistical challenges and understaffing made it impractical to schedule all cases on the same day. The court decided to allow cases to be posted continuously over several days.

Issues: Whether the court can direct the Additional Chief Judicial Magistrate to post multiple cases on the same day given the staffing and logistical challenges faced by the court.

Ratio Decidendi: Practicality in court scheduling must be balanced with the right to a timely trial, and the court provided a reasonable compromise to address case management issues.

Final Decision: The writ petition was disposed of with directions for staggered postings of cases.

JUDGMENT

The above Writ Petition (Crl.) is filed with the following prayers.

"(i) Issue a writ of CERTIORARI or such other writ, direction or order calling for the records leading up to Exhibit P-1 FIR in Crime no 260 of 2011 and Exhibit P-3 in CC No. 124 of 2011 on the files of the Addl. Chief Judicial Magistrate Court, Thrissur and to quash all further proceedings, as against the petitioners herein, in the interest of justice;

(ii) to direct Additional Chief Judicial Magistrate Court, Thrissur to post all the cases shown in Exp P-4 Cases Chart, on the same day, and proceed with the same accordingly;

(iii) Dispense with the filing of translation of vernacular documents (iv) Pass such other and further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”(SIC)

2. When this Writ Petition (Crl.) came up for consideration on 18.09.2023, this Court passed an order, which is extracted hereunder;

“The learned counsel for the petitioners submitted that petitioners will be satisfied if the 2nd prayer in this W.P.(Crl.) is granted. The 2nd prayer is extracted hereunder;

“(ii) To direct Additional Chief Judicial Magistrate Court, Thrissur to post all the cases shown in Ext.P4 Cases Chart, on the same day, and proceed with the same accordingly.”

Registry will get a report from the Additional Chief Judicial Magistrate as to whether it is possible to post all the cases shown in Ext.P4 on the same day.”

3. Today a report is submitted by the Chief Judicial Magistrate, Thrissur. The contents of the report is extracted hereunder;

“In each of these cases, there are around 20 accused persons, 100 witnesses and more than 25 documents. In almost all the cases charges are not framed. It is a special court with skeleton staff of 3 Clerks, 1 Typist and 2 OfÏce Attendants. OfÏcer of the court was transferred on 05.07.2023. Since then, I have been in full additional charge of the Court. In these circumstances, if all the cases are posted on the same day, it will be very difÏcult to manage the court proceedings, especially when roll call itself take much time.”

4. In the light of the above report, I think it is not practical for posting all the cases together. But these cases can be posted on days continuously for three or four days according to the convenience of the learned Magistrate and the adjourned date also should be posted like that.

With the above directions, this Writ Petition (Crl) is disposed of.

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