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2023 Supreme(Online)(KER) 29957
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
HARIKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
OP(Crl.) 576 2023
SANTHOSH PETER (MAMALAYIL), P.N.ANOOP, M.S.SANDEEP SUDHAKARAN, CHITHRA PRABHA, ROHIT LOBO, JOBIN GRACE THOMAS
The ruling reinforces the principle that criminal cases must be disposed of in a timely manner to uphold the integrity of the justice system.
Headnote:
Expeditious - Criminal Procedure - IPC Sections 279, 304(A) - The court emphasized the need for timely disposal of criminal cases, particularly highlighting the delay in C.C. 724/2018, and ordered the trial court to resolve the matter within six months.
Fact of the Case:
An Original Petition was filed seeking to expedite the disposal of C.C. 724/2018, concerning charges under IPC sections 279 and 304(A) against an accused.
Finding of the Court:
The court noted the delays in the trial and the failure of the lower court to provide a timeline for the case disposal. It concluded that expeditious resolution is necessary given the case was registered in 2018.
Issues: Whether the trial court should be directed to resolve the ongoing criminal case expeditiously considering the delays observed.
Ratio Decidendi: The court established that timely justice is vital and mandated the lower court to dispose of the pending criminal case within six months.
Final Decision: The trial court is directed to conclude C.C. 724/2018 within six months.
JUDGMENT
This Original Petition (Crl.) is filed with the following prayers:
“to direct the Judicial First Class Magistrate Court-I, Ettumanoor to dispose C.C 724/2018 in a time frame and also pass such other orders as this Hon'bel Court may deem fit and proper on the facts and circumstances of the case, in the interest of jusice.”
2. When this Original Petition (Crl.) came up for consideration, this Court directed the Registry to get a report from the Judicial First Class Magistrate Court – I, Ettumanoor about the time required to dispose of C.C.No.724/2018. A report is submitted by the learned Magistrate. It will be better to extract the relevant portion of the above report:
“In obedience to the reference cited above, I may submit the following for kind consideration.
One Nazar P.J, Senior Civil Police Officer, Gandhinagar Police Station has registered an F.I.R as Crime No. 2158/17 for Motor Occurance. Later Additional Sub Inspector of Police, Gandhinagar has filed a report by adding sections 279, 304(A) IPC and Sri. Harikrishnan was arrayed as accused in this case. On 07.04.2018, final report has been submitted and the case was taken on file as CC 724/18. There are thirteen witnesses listed in the charge sheet. On issuance of the summons, accused was appeared before this court and particulars of offences U/ss 279, 304(A) read over and explained to him and he pleaded not guilty and he was enlarged on bail. Thereafter summons were issued to the witnesses and CW1, 3 and 5 were examined as PW 1 to 3 and CW6 was given up by the prosecution. Now summons were issued to CW2, 4, 7 and 10 and the case stands posted to 10.01.2024.”
3. Even though this Court specifically asked the trial court to submit a report about the time required to dispose of the case, nothing is mentioned in the report. This is not the way in which a report is to be submitted before this Court. I don't want to make any further observation about the same. Considering the fact that the Calender Case is registered in the year 2018, there can be a direction to dispose of the matter within a period of six months.
Therefore, this O.P.(Crl.) is disposed of directing the Judicial First Class Magistrate Court – I, Ettumanoor to dispose of C.C.No.724/2018, as expeditiously as possible, at any rate, within a period of six months from date of receipt of a stamped certified copy of this judgment.
