IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 24761 of 2007(W)
1. SUJATH KUMAR @ REMANAN,
... Petitioner
Vs
1. STATE OF KERALA,(THE CIRCLE INSPECTOR
... Respondent
2. THE SECRETARY TO HOME,
For Petitioner :SRI.P.F.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/09/2007
O R D E R
R.BASANT, J.
----------------------
W.P.C.No.24761 of 2007
----------------------------------------
Dated this the 4th day of September 2007
J U D G M E N T
The petitioner is the fourth accused in a prosecution for
offences punishable inter alia under Section 302 I.P.C. The
petitioner was not available for trial. The co-accused stood trial.
One of them was found guilty, convicted and sentenced. The
other two were found not guilty and acquitted. The petitioner
later surrendered before the learned Magistrate. The case
against him has later been committed. The files have been
received by the learned Sessions Judge on 23/8/2007. The
case has been taken on file as S.C.No.312/2007. The same has
been made over to the Additional Sessions Court, Pathanamthitta
. The matter is pending on the file of that court. It is at this
stage that the petitioner has come to this court. He prays that
there may be a direction for expeditious disposal of the case.
2. Report of the learned Sessions Judge was called for.
The learned Sessions Judge, in his report dated 24/8/2007
submits that six months further time may be required for the
trial and disposal of the case.
W.P.C.No.24761/07 2
3. To me, the stand taken by the learned Sessions Judge
appears to be absolutely justified. It was the petitioner who was
not available for trial and that obliged the court to split up the
case against him. The submission of the learned Sessions Judge
that six months further time will be required, does appear to me
to be absolutely justified, the file on committal having reached
the learned Sessions Judge only on 23/8/2007.
4. I do, in these circumstances, accept the submission of
the learned Sessions Judge that six months time will be required
from 24/8/2007 to dispose of the sessions case against the
petitioner now pending as S.C.No.312/2007 before the
Additional Sessions Court, Pathanamthitta. Every endeavour
must be made by the said court to dispose of the case as
expeditiously as possible – at any rate, within a period of six
months from this date. No further observations/directions
appear to be necessary.
5. This writ petition is in these circumstances dismissed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.24761/07 3
W.P.C.No.24761/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007