Suo Motu vs State Of Kerala

R.Narayana Pisharadi, J

This original petition was registered suo motu by this Court on the basis of a complaint received from one Prakash (hereinafter referred to as 'the

petitioner') who is an undertrial prisoner in the case S.C.No.701/2018 on the file of the Court of the Additional Sessions Judge-II, Pathanamthitta.

The grievance of the petitioner is that he has been in remand in the aforesaid case from the date 19.03.2018 onwards but the trial of the case has

not commenced so far. He has only requested that necessary steps may be taken for disposing of the case against him as expeditiously as possible.

This Court had called for a report from the learned Additional Sessions Judge-II, Pathanamthitta with regard to the status of the case and the

reason for the delay in commencing the trial.

In the letter dated 23.03.2021, the Additional Sessions Judge-II, Pathanamthitta has informed this Court that the petitioner herein is in judicial

custody since 19.03.2018 and that he is charged for the offences punishable under Sections 449 and 302 of the I.P.C. Learned Additional Sessions

Judge has also reported that the delay in commencing the trial of the case was on account of the delay in getting the report from the Forensic Science

Laboratory. Learned Additional Sessions Judge has also reported that, after framing charge in the case, steps have been taken for conducting the trial

of the case by issuing summons to the witnesses.

The report of the learned Additional Sessions Judge shows that the certificate from the Forensic Science Laboratory was received on 09.12.2020.

The report also indicates that the petitioner was granted bail but no bond was executed by the petitioner and therefore, he was not released from jail.

Considering the fact that the petitioner is in judicial custody since 19.03.2018, I find that expeditious trial and disposal of the case against the

petitioner are absolutely necessary. I find that the learned Additional Sessions Judge can be granted time till 30.11.2021 for disposing the aforesaid

case.

Consequently, this original petition is disposed of as follows: The learned Additional Sessions Judge-II, Pathanamthitta is directed to dispose of the

case S.C.No.701/2018 (if the case is still pending in that court) on or before 30.11.2021.

The Registry shall immediately send a copy of this judgment to the Principal Sessions Judge, Pathanamthitta and also the Additional Sessions Judge-

II, Pathanamthitta.