IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32820 of 2007(F)
1. BADARU, AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/01/2008
O R D E R
V. RAMKUMAR , J.
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W.P.(C).No. 32820 of 2007
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Dated this the 3rd day of January, 2008.
JUDGMENT
In this writ petition filed under Article 227 of the Constitution of India the
petitioner, who is the 9th accused in S.C. No. 721/2005 on the file of the
Additional Sessions Court (Fast Track II), Thrissur for offences punishable under
Sections 143, 147, 148 and 307 r/w Section 149 IPC, prays for an expeditious
disposal of the said sessions case. This Court had called for a report from the
trial court. As per the letter dated 06.12.2007 the trial Court has informed that
initially accused Nos. 2,3 and 6 were absconding and steps under Section 82
and 83 of the Cr.P.C were taken and subsequently A6 surrendered before the
court and was enlarged on bail and that the accused Nos. 2 and 3 are still
absconding. Without completing the steps under Section 82 and 83 Cr.P.C. It is
not possible for the trial court to split up the case as against A2 and A3 and
proceed with the S.C. No. 721/2005. This writ petition is accordingly disposed of
directing the trial court to expedite the proceedings by either procuring the
presence of A2 and A3 or by completing the steps under Section 82 and 83
Cr.P.C and split the case as against A2 and A3 and thereafter proceed with S.C.
No. 721/2005 expeditiously. The Sessions Judge shall submit periodical reports
every fortnight to the registry of this Court as to the progression of the
proceedings.
V. RAMKUMAR, JUDGE.
rv