Sajan C.John vs State Of Kerala

Raja Vijayaraghavan V, J

The petitioner herein is the accused in C.C No.1343 of 2022 on the files of the Judicial First Class Magistrate Court, Thiruvalla. In the aforesaid case, he is facing prosecution for the offenses punishable under Sections 279, 337 and 338 of the IPC.

The petitioner states that he was issued with Annexure A2 notice from the court calling upon him to appear on 12.11.2022 and remit the fine. However, due to lapses on the part of the counsel who he had engaged, the fine was not remitted. According to the petitioner, any delay in closing the matter would affect the application for renewal of passport submitted by him before the passport authority, and it may lead to the petitioner being ousted from UAE. In the said circumstances, the petitioner filed an application before the learned Magistrate, Pathanamthitta seeking to advance the hearing in C.C No. 1343 of 2022, and the learned magistrate has advanced the matter and has posted the case to 18.7.2023. He states that he is prepared to appear before the learned magistrate even tomorrow and remit the fine. It is in the aforesaid circumstances that this petition is filed seeking the following prayer:-

(i) Direct the JFMC II, Pathanamthitta having the charge of JFMC, Thiruvalla to consider the plea of the petitioner/sole accused and dispose of C.C No.1343 of 2022 on the files of JFMC, Thiruvalla within a reasonable time as may be fixed by this Hon’ble Court, in the interest of justice.

Having considered the submissions advanced by Sri. Abhishek Johnson, the learned counsel appearing for the petitioner, this petition is disposed of directing the learned magistrate to advance the hearing of the matter to a day on or before 15.7.2023 to consider the plea of the petitioner in C.C.No. 1343/2023 on the files of the JFMC, Thiruvalla.