Vasu N.K vs State Of Kerala

P.V.Kunhikrishnan, J

This original petition is filed with following prayers:

i. Direct the Chief Judicial Magistrate Court, Kalpetta, to expedite and conclude the trial in C.C. No.126/2022 in a time bound manner.

ii. Grant such other reliefs found just and proper in the facts and circumstances of the case including the one dispensing with the production of English translation of vernacular documents/ Exhibits. (SIC)

When this original petition came up for consideration, this Court directed the Registry to get a report from the trial court about the time required to dispose the matter. The trial court submitted a report, which is extracted hereunder:

“CC 126/2022 pending on the file of the Chief Judicial Magistrate Court, Kalpetta is a case in which final report is filed by the Sub Inspector of Police Kalpetta Police station against the accused alleging offences punishable u/s 406, 420, 120B r/w 34 of Indian Penal Code. On filing of the final report cognizance was taken for the above said offences and summons was issued to the accused. On 06/10/2022 the second accused appeared through his counsel on receiving summons. Summons to the third accused was not served and summons to the first accused was not returned. Summons was again issued to the third accused and now the case stands posted to 28/11/2023 for return of summon issued to the first and third accused and for the personal appearance of the second accused. Altogether there are 22 witnesses from the side of the prosecution and CW1 to CW7 are the persons alleged to have been cheated by the accused. Only the second accused has entered appearance through his counsel and first and third accused are yet to appear before this court. So, in the above circumstances it is respectfully submitted that one year time will be required to dispose of the above case. It is humbly submitted that I shall take all efforts to dispose of the case within the said period.”

From the above, it is clear that the 1st and 3rd accused have not appeared before the lower court.  If that be the case, the court should take coercive steps, if necessary. Considering the facts and circumstances of the case, I think the trial court should take steps to dispose the matter within 12 months.

Therefore, this Original Petition (Criminal) is disposed of directing the Chief Judicial Magistrate Court, Kalpetta, to dispose C.C.No.126/2022, as expeditiously as possible, at any rate, within twelve months from the date of receipt of a copy of this order.