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A.Divakaran vs State Of Kerala

High Court Of Kerala|10 October, 2014
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JUDGMENT / ORDER

Petitioner herein is the complainant in S.T.C. No. 2335/2014 of the Judicial First Class Magistrate Court, Payyannur. The 2nd respondent herein is the accused in the said case. The offence alleged is one under Section 138 of the Negotiable Instruments Act. The petitioner seeks a direction to the trial court under Section 482 Cr.P.C., for speedy trial and disposal of the case, on the ground that he is a senior citizen. His apprehension is that if trial and disposal is delayed, he would be denied justice. The complaint was originally filed in 2012 in the court at Thalassery, and it was transferred to the court at Payyannur in view of the direction of the Honourable Supreme Court in Dashrath Rupsingh Rathod v. State of Maharashtra and another [2014(3)KHC 362]. 2. On hearing learned counsel, I find that a direction as sought can be made to the court below, on a consideration of the Crl.M.C.. No. 5691/2014 2 fact that the petitioner is a senior citizen, who is desirous to get an earlier decision in his case. In the nature of disposal, notice to the 2nd respondent is felt not necessary.
In the result, this Crl.M.C. is allowed. The court below is hereby directed that trial and disposal in S.T.C. No. 2335/2014 brought by the petitioner herein shall be expedited on the consideration that the petitioner is a senior citizen.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

A.Divakaran vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
10 October, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • M V Amaresan