IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1398 of 2008()
1. T.C. KURIAKOSE, AGED 54 YEARS,
... Petitioner
Vs
1. DILIP KUMAR, S/O. BALAN,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.MATHEW KURIAKOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/05/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 1398 of 2008
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Dated this the 21st day of May, 2008
O R D E R
The petitioner is the complainant in a prosecution under
Section 420 I.P.C. Cognizance was taken as early as in 2005.
The case has reached the fag end of trial now. The petitioner has
come to this Court complaining about the inordinate delay in the
disposal of the case. The baseless requests of the accused for
indulgent further opportunities were allowed by the learned
Magistrate. His application under Section 311 Cr.P.C. was
allowed and re-opening of the defence evidence was permitted.
His application under Section 315 Cr.P.C. was allowed. He was
permitted to examine himself. It is in these circumstances that
the petitioner has come to this Court complaining about the
improper/ inadequate conduct of trial by the learned Magistrate.
2. Report of the learned Magistrate has been called for. I
have heard the learned counsel for the petitioner. I have
considered all the relevant inputs. The diary extract clearly
shows that opportunity has been granted indulgently to the
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accused by the learned Magistrate. But I am not persuaded to agree
that the impugned orders, Annexs. C and D, under which reopening of
defence evidence was permitted on condition that the accused deposits
an amount of Rs.500/- payable to the petitioner/complainant and the
consequent permission granted to the accused to examine himself
under Section 315 Cr.P.C. do warrant any interference. The report of
the learned Magistrate shows that every endeavour shall be made to
expeditiously complete the trial.
3. I am satisfied that Annexs. C and D orders do not warrant any
interference. However, I am satisfied that there can be an observation
that the learned Magistrate must expeditiously dispose of the case after
giving the accused an opportunity to examine himself under Section
315 Cr.P.C. I expect the learned Magistrate to dispose of the case
finally within a period of two months from the date on which a copy of
this order is produced before the learned Magistrate. Compliance shall
be reported to this Court.
This Crl.M.C. is dismissed with the above observations.
(R. BASANT)
Judge
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