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Judgment
11 paragraphs · 316 wordsA. Badharudeen, J
This Original Petition (Criminal) has been filed under Article 227 of the Constitution of India seeking the following prayers.
“(i) Direct the District and Sessions Court, Kollam to immediately take up Crl.M.P.No.929/2023 and unnumbered Crl.M.P. No. …/2023 in Crl.Appeal No.44 of 2023 and dispose of the matter within a time frame that this Hon'ble Court deems fit to grant:
(ii) Pass such other orders that may be prayed for and deemed fit to grant in the facts and circumstances of the case.”
Heard the learned counsel for the petitioner as well Adv.B.Mohanlal, who appeared for the second respondent/original complainant in this matter.
It is argued by the learned counsel for the petitioner that the petitioner filed Crl.A.No.44/2023 along with Crl.M.P.No.929/2023 to condone delay of 17 days in preferring the appeal before the Sessions Court, Kollam, challenging the order of conviction and sentence imposed by the Judicial First Class Magistrate Court, Sasthamcottah in S.T..No.3329/2013, no order so far passed.
On perusal of the copies of proceedings placed by the learned counsel for the petitioner, it appears that the same was not argued before the Sessions Court and notice even not ordered in the delay petition, viz., Crl.M.P.No.929/2023. Since the prayer herein is to give direction to consider Crl.M.P.No.929/2023 in Crl.A.No.44/2023, I direct the District Sessions Court to post the matter on 11.08.2023 before the appropriate Bench for considering the delay petition.
Since the second respondent appeared before this Court, the second respondent also is directed to appear before the Sessions Court on 11.08.2023 without waiting for notice so as to consider the delay petition, as directed.
Directing so, this original petition (criminal) stands disposed of.
Coercive steps against the petitioner stands stayed till 10.08.2023 and not thereafter.
Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.