This is an application filed by the petitioners for giving a direction to the court below to dispose of the case within a time frame under Article 227 of Constitution of India.
2. It is alleged in the petition that petitioners are accused in C.C.No.717/2009 on the file of the Judicial First Class Magistrate Court, Kunnamangalam and they were charge sheeted alleging commission of the offences under Sections 143, 147, 447, 427, 506(1) read with Section 149 Indian Penal Code. The right in respect of the property has been considered by the Civil Court and judgment has been pronounced in favour of the accused persons. The criminal case is now pending from 2009 onwards. Charge was framed on 15.09.2010 and PW1 was examined on 17.08.2012 and thereafter, though the case was adjourned for 17 times, no effective steps have been taken to dispose of the case. So, the petitioners have no other remedy except to approach this court seeking the following relief:
O.P.(Criminal).No.94 of 2014 : 2 :
“Issue an order or direction directing the Judicial First Class Magistrate Court, Kunnamangalam to dispose C.C.No.717/2009 as expeditiously as possible at any rate within 2 months from the date of order.”
3. On the basis of the relief claimed in the petition, this court felt that the case can be disposed of at the admission stage itself after hearing the Counsel for the petitioners and the Public Prosecutor and also calling for a report from the concerned court regarding the present stage of the case.
4. Accordingly, a report has been called from Judicial First Class Magistrate, Kunnamangalam regarding the present stage of the case and the learned magistrate has sent a report which reads as follows:
“In obedience to the reference cited, I may submit the following.
CC 717/09 on the file of this court was charge sheeted by the Sub Inspector of Police, Kunnamangalam Police Station pertaining to Crime No.542/08 u/s.143, 147, 447, 427, 506(i) r/w 149 IPC against Ahammed Koya and four other persons.
Altogether there are ten witnesses in this case, out of them CW1, i.e, the de facto complainant had already been examined. CW4 was already given up by learned APP. Remaining eight witnesses are to be examined in this case. NBW had already been issued against CW2, CW3 and CW5 and the case is posted to 04.06.2014.
This being the present stage of the case I am hoping that the case can be disposed off within two months.”
O.P.(Criminal).No.94 of 2014 : 3 :
5. Heard the Counsel for the petitioner and learned Public Prosecutor.
6. Considering the fact that the case is of the year 2009 and PW1 has already been examined and one of the witnesses namely CW4 was given up by the Assistant Public Prosecutor and the learned magistrate has expressed his willingness to dispose of the case within a time frame, this court feels that the petition can be disposed of on the basis of the report of the learned magistrate. So, the petition is disposed of as follows:
The Judicial First Class Magistrate, Kunnamangalam is directed to dispose of the case as expeditiously as possible at any rate within two months from 04.06.2014 on which the date the case is now posted for further examination of prosecution witnesses.
Office is directed to communicate this order to the concerned court immediately.
With the above direction and observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge