This Criminal Petition is filed by the petitioner, who is the accused in C.C.No.585/2010 pending before the Judicial First Class Magistrate Court-II, Nedumangad, seeking for a speedy disposal of the case under Article 227 of the Constitution of India. 2. It is alleged in the petition that, the petitioner has been falsely implicated as an accused in C.C.No.585/2010 on the file of the Judicial First Class Magistrate Court-II, Nedumangad, alleging offences under Section 341, 323, read with Section 34 of the Indian Penal Code. In fact the 3rd respondent, who is the defacto- complainant, is the former husband of the sister of the petitioner and on account of some enmity; he has been falsely implicated in the case. Further he is getting opportunity to go abroad, but on account of the pendency of the case he is not able to go abroad as well. So he has no other remedy, except to approach this court, seeking the following relief:
i. to issue an order or direction, directing the learned magistrate of JFMC-II Nedumangad, to dispose of the C.C.No.585/2010 on the file of the court with in such stipulated time as directed by this Hon'ble Court and,
ii. to grant such other reliefs which are just and equitable considering the facts and circumstances of this case.
3. Considering the nature of relief claimed in the petition, this court felt that, the petition can be disposed of after hearing the counsel for the petitioner and the learned Public Prosecutor and also after getting a report from the concerned court regarding the present stage of the case.
4. Accordingly, a report has been called for from the Judicial First Class Magistrate Court-II, Nedumangad. The learned magistrate has sent a report which reads as follows:
“In obedience to the reference cited above, I may submitting herewith the report regarding C.C.585/2010 on the file of this court. CC 585/2010 is a case charge sheeted by the Sub Inspector of Police, Pangode police station against accused Nos.1 and 2 alleging commission of offence punishable u/s. 341, 323 r/w 34 IPC. On issuance of summons from this court accused Nos. 1 and 2 appeared before court and they were enlarged on bail and particulars of offence read over and explained to the accused and summons issued to CW1. CW1 appeared before the court and he was examined as PW1. Chief examination of CW1 was completed and Ext.P1 marked. On the basis of application filed by the counsel for the accused cross examination of PW1 is adjourned. At this stage case was posted to adalath hence the offence alleged is compoundable. Hence the case is not settled in the adalath case records were returned. Now the case is posted for cross examination of PW1 on 8.7.2014.
2. There are altogether seven witnesses in this case. CW1 is the injured, CWs 2 to 4 are the occurrence witnesses, CW5 is the attestor to scene mahazar, CW6 is the doctor who treated the injured person, CW7 is the investigating officer who prepared FIR, scene mahazar and conducted entire investigation and laid down charge sheet before the court.
3. Regarding the time required for disposal of this case, I may submit that I shall take earnest effort to dispose the case within 6 months without any delay. Appropriate directions may kindly be issued in this regard. I am humbly submitting this report for kind perusal”.
5. The counsel for the petitioner submitted that the case is pending from 2010 onwards and on account of the pendency of the case, he is not able to go abroad. So he wants a speedy disposal.
6. The application was opposed by the learned Public Prosecutor on the ground that the court in which the case is pending is already overburdened with pendency of old cases than this case.
7. It is an admitted fact that the present petitioner was arrayed as an accused in C.C.No.585/2010, now pending before the Judicial First Class Magistrate Court-II, Nedumangad, which originated on the basis of a crime registered on the basis of the statement given by the 3rd respondent, alleging offences under Section 341, 323 read with Section 34 of the Indian Penal Code. The case is pending before that court for the last four years. It is true that, Constitution of India mandates speedy trial as a right of an accused, who is facing criminal prosecution and that is in away treated as a fundamental right as far as the accused is concerned. This mandate of the Constitution of India could not be fulfilled by the courts, on account of huge number of cases pending in each court and in spite of the directions by the Hon’ble Supreme Court, establishment of number of courts in commensurate with the population ratio has not been fulfilled by the government so far, that resulted in the people waiting for justice for long time before the courts. Though the officers of the courts are taking earnest steps to dispose of more cases, that is not resulting in fulfilling the mandate of the Constitution for providing speedy trial of the accused who is now facing criminal prosecution. But he pendency of the cases or other hurdles will not be a reason for denying the right of speedy trial, if an accused wants to get his case disposed at the earliest possible time, especially when he is waiting for the disposal of the case for more than four years now. This affects his getting good employment opportunity either abroad or in India as well. So considering the circumstances, the grievance of the petitioner cannot be said to be not genuine. Further it is seen from the report of the learned magistrate that PW1 has already been examined in chief and in the meantime, an attempt was made for settlement of the case in the Adalat as the offences alleged are compoundable offences, but not successful. So it is now posted to 08.07.2014 for cross examination of PW1 and examination of the witnesses and the learned magistrate sought time for six months to dispose of the case. But considering the fact that the case is of the year 2010, this court feels that, a direction can be given to the concerned court for expedite the trial of the case within a time frame and dispose of the case as follows:
The Judicial First Class Magistrate Court-II, Nedumangad, is directed to expedite the trial of the case as expeditiously as possible at any rate within five months from 08.07.2014, on which date the case is now posted for cross examination of PW1. Office is directed to communicate this order to the concerned court, immediately.
With the above direction and observation, this criminal petition is disposed of.
Sd/-
K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss