IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Abin Bash – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. request for time-bound disposal of pending criminal proceedings. (Para 1 , 2) |
| 2. constitutional courts are restricted from setting time-bound schedules for subordinate courts without exceptional circumstances. (Para 3 , 4 , 5) |
JUDGMENT
The prayer in this Original Petition filed under Article 227 of the Constitution of India, is to direct the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, to dispose of CC No.866 of 2024 pending before the said Court within a time frame to be fixed by this Court.
2. Heard the learned counsel for the petitioner.
3. The Hon’ble Supreme Court, in the decision rendered in Allahabad High Court Bar Association v. State of U.P. and Others [2024 (6) SCC 267], has cautioned the constitutional courts from passing orders directing the courts below to dispose of the cases pending before such courts within time frame fixed, unless there are compelling reasons. It has been observed by the Hon’ble Supreme Court in para Nos.32 and 33 of that decision as follows:
“32. Therefore, constitutional Courts should not normally fix a time - bound schedule for disposal of cases pending in any Court. The pattern of pendency of various categories
Allahabad High Court Bar Association v. State of U.P. and Others
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