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M.UNNI ALIAS SACHIN, S/O.MANODHARAN versus STATE OF KERALA, REPRESENTED

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M.UNNI ALIAS SACHIN, S/O.MANODHARAN v. STATE OF KERALA, REPRESENTED - Crl MC No. 1801 of 2007 [2007] RD-KL 9477 (5 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1801 of 2007()

1. M.UNNI ALIAS SACHIN, S/O.MANODHARAN,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED
... Respondent

2. SUB INSPECTOR OF POLICE, THAMPANOOR

For Petitioner :SRI.THOMAS ABRAHAM

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :05/06/2007

O R D E R

R.BASANT, J.

Crl.M.C.No.1801 of 2007

Dated this the 5th day of June 2007

O R D E R

The petitioner is an accused facing indictment in a prosecution for offences punishable interalia under Section 379 I.P.C. According to the petitioner, he is absolutely innocent. The crime is registered in 2007. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate.

2. The petitioner has rushed to this court with the prayer that there may be a direction for expeditious disposal of the case pending against the petitioner. The petitioner is aged about 17 years. His father is employed abroad. His father is making arrangements to take the petitioner to his place of employment abroad where he is expected to secure an employment. In the nature of the allegations against the petitioner, the father is most interested in getting the petitioner settled abroad. In these circumstances, any delay in the disposal of the case is bound to cause great hardship and loss. It may affect the future of the petitioner also. Even assuming that the allegations are true, the young accused can be persuaded to turn a new leaf and lead a respectable life by working abroad. It is, in these circumstances, that this petition has been filed for the early disposal of the case. Crl.M.C.No.1801/07 2

3. The plight of the petitioner does evoke sympathy. But has the petitioner move the learned Magistrate for an early out of turn disposal showing the reasons? Admittedly, the same has not been done. It is for the petitioner to move the learned Magistrate giving specific reason for claiming out of turn early disposal. If there are compelling reasons, it does appear to me in the case that there are such reasons, certainly the learned Magistrate must consider the said request in accordance with law - of course conscious of the schedule of work fixed by the court. Mere fact that there are older cases pending at the court may not justify the learned Magistrate not taking a humane and realistic attitude of the particular problem on hand.

4. This Criminal Miscellaneous Case is, in these circumstances, dismissed with the observation that the petitioner shall be at liberty to move the learned Magistrate for an out of turn early disposal. The learned Magistrate must pass appropriate orders within a week of filing such a petition.

5. Issue copy of this order to the learned counsel for the petitioner. He can produce the same along with the application before the learned Magistrate.

6. Hand over copy of this order to the learned counsel for the petitioner.

(R.BASANT, JUDGE)

jsr Crl.M.C.No.1801/07 3 Crl.M.C.No.1801/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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