Dinesh Menon vs State Of Kerala

C.S Dias, J

The original petition is filed to direct the Special Additional Chief Judicial Magistrate Court ( for the trial of criminal cases against sitting and former MPs/MLAs of the State), Ernakulam to consider and dispose of C.C No.29/2023, within a time period fixed by this Court.

The petitioner has stated in the original petition that he had filed CMP No.1006/2019 before the above Court against the second respondent, alleging him to have committed the offences under Sections 406, 417 and 420 of the Indian Penal Code. The learned Magistrate took cognizance of the above offences and numbered the complaint as C.C.29/2023. The second respondent filed Crl.M.C 2755/2021 before this Court to quash the complaint and this Court stayed further proceedings in the above complaint. The petitioner then filed SLP (Crl) No.5592/2021 before the Hon'ble Supreme Court. By Ext.P7 judgment, the Hon'ble Supreme Court directed this Court to dispose of the Crl.M.C. Subsequently, this Court, by Ext.P8 judgment, dismissed the Crl.M.C. The second respondent is deliberately trying to protract the determination of the complaint, which is causing prejudice and hardship to the petitioner. Hence, the original petition.

Heard; Sri.V.Sethunath, the learned counsel appeariing for the petitioner; the learned Public Prosecutor appearing for the first respondent and Sri.Deepu Thankan, the learned counsel appearing for the second respondent.

When the original petition came up for admission on 6.10.2023, this Court had called for a report from the learned Magistrate to ascertain the status and the reasonable time period required to dispose of C.C No.29/2023.

The  learned  Magistrate,  by  communication dated 10.10.2023, has informed this Court that the complaint was transferred to the said court on 12.4.2023. The second respondent has only entered appearance through counsel and has sought time to get himself enlarged on bail. The complaint stands posted to 20.10.2023, for appearance of the accused. The learned Magistrate requires atleast seven months time to dispose of the case from the date the second respondent get himself enlarged on bail.

The learned counsel appearing for the petitioner submitted that the second respondent has got himself enlarged on bail on 20.10.2023.

On a consideration of the averments in the original petition and the materials placed on record and taking note of the fact that the complaint was filed as early as on 26.10.2019, I am of the definite view that the court below is to be directed to consider and dispose of C.C No.29/2023 within the time period fixed by this Court.

Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I order the original petition as follows:

(i) The learned Magistrate is directed to consider and dispose of C.C No.29/2023, in accordance with law and as expeditiously as possible, at any rate, within one year from the date of certified copy of this judgment after affording both sides the full opportunity to contest the case.