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Judgment
5 paragraphs · 268 wordsP.G. Ajithkumar, J
The petitioner is the accused in C.C.No.275 of 2017 on the file of the Judicial Magistrate of the First Class-I, Varkala. The offences alleged against him are punishable under Sections 341, 323, 324 and 427 read with Section 34 of the Indian Penal Code, 1860. The petitioner is aggrieved on account of the delay in the disposal of C.C.No.275 of 2017 and hence he has filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Judicial Magistrate of the First Class-I, Varkala to dispose of the said case within a time limit fixed by this Court.
Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
Crime No.1269 of 2016 of Kadakkavoor Police Station has culminated in filing report under Section 173(2) of the Code of Criminal Procedure, 1973. Based on the said final report, C.C.No.275 of 2017 was initiated. The petitioner, who is the sole accused in the said case, has been facing the ordeal of the prosecution since 2017. Undoubtedly, there occurred long delay. Speedy trial in a criminal prosecution is the right of the accused. It is true that considering the heavy pendency, the learned Magistrate could not have been able to conclude the trial in a time bound manner. There are only seven witnesses in this case.
Considering all such aspects, this Original Petition is disposed of directing the Judicial Magistrate of the First Class-I, Varkala to dispose of C.C.No.275 of 2017 within six months from the date of production of a certified copy of this judgment.