IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Sreekala – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. need for speedy disposal due to physical incapacity. (Para 1 , 4) |
| 2. limitation on courts to issue time-bound trial disposal orders. (Para 3 , 5) |
JUDGMENT
Accused Nos.1 and 2 in C.C.No.101 of 2023 on the files of the Chief Judicial Magistrate Court, Pathanamthitta, have filed this petition under Article 227 of the Constitution of India for a direction to the said court for the disposal of the aforesaid case within a time frame fixed by this Court. The offences alleged against the petitioners are under Sections 406 and 420 read with Section 34 of the IPC.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.
3. In the decision Allahabad High Court Bar Association v. State of U.P. [2024 (6) SCC 267], the Hon’ble Supreme Court has cautioned the constitutional courts from passing orders for time bound disposal of the cases pending before the courts below unless there are compelling reasons for the same. The relevant paragraphs of the aforesaid decision of the Hon’ble Supreme Court are extracted hereunder:
“32. Therefore, constitutional Courts should not normally fix a time - bound schedule for disposal of cas
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