IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
M. MUHAMMED ALI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1016 OF 2026 | CC NO. 127 OF 2020
| Table of Content |
|---|
| 1. the trial's inordinate delays and the impact on petitioner’s career. (Para 1 , 2 , 3 , 4) |
| 2. obligations under ipc warrant proceeding without quashing. (Para 5) |
O R D E R Dated this the 26th day of February, 2026 The Criminal Miscellaneous Case is filed to quash all further proceedings in C.C.No.127/2020 on the file of the Court of Judicial First Class Magistrate, Kattakkada ('Trial Court', for short), which has originated from Crime No. 928/2019 registered by the Maranalloor Police Station, alleging the commission of the offences punishable under Sections 447 and 427 of the Indian Penal Code .
2. The petitioner has stated in the Crl.M.C. that, while he was working as a Senior Civil Police Officer, the above false complaint was registered against him. Although he had filed an application for discharge, the same was dismissed. Then, due to the inordinate delay in conducting the trial, the petitioner filed an application for speedy trial. As no orders were passed on the application, he filed W.P.(Crl.) No.798/2024 before this Court, which was allowed. Consequently, the Trial Court, by Annexure A3 order dated 17.09.2024, observed that the case would be disposed within one year. Though the case was posted on several dates, nothing had happened. Again, the petitioner filed O.P.(Crl.) No.548/2025 for speedy trial. By Annexure A5 judgment, this Court directed the Trial Court to dispose of the case as observed in Annexure A3 order. Due to the pendency of the case, the petitioner’s job prospects are severely affected. Even though he was included in the select list, his promotion has been withheld. Considering the peculiar facts and circumstances of the case, including the inordinate delay in completing the trial, this Court may quash the entire proceedings.
3. Pursuant to the order passed by this Court, the Trial Court, by communication dated 21.02.2026, has informed this Court that C.C No.127/2020 is being tried along with C.C. No.94/2020 and two other cases. Though this Court had directed the Trial Court to dispose of the case within one year, as observed in Annexure A3 order, the same could not be completed within the stipulated time period. The Trial Court has not sought for any extension of the time period. Earnest effort would be made to dispose of the case as expeditiously as possible along with the connected cases.
4. The principal grievance of the petitioner is that, despite the Trial Court undertaking that the case would be disposed of within one year, the same has not been done till date.
5. A reading of the allegations in Annexure A1 final report, in unequivocal terms, substantiate that the offences alleged against the petitioner prima facie stand attracted. Moreover, his application for discharge was dismissed, and the same is not challenged. Therefore, I am not inclined to quash the proceedings. Furthermore, the proceedings cannot be quashed on the ground of delay because in Annexure A3 order, the Trial Court has observed to expedite the trial within a year, subject to the disposal of the connected cases.
On a consideration of Annexure A3 order and the present report of the Trial Court, I direct the Trial Court to consider and dispose C.C.No.127/2020, in accordance with law and as expeditiously as possible, at any rate, within three months from today, if no further extension of time is granted by this Court, enlarging the time period fixed by this Court in Annexure A5 judgment. The Trial Court shall file an application for extension of time, because, it is on the basis of the directions of this Court that the Trial Court fixed the time period of one year to dispose the case.
SD/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.