BIJUKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are two among the accused, A5 and A6, in Crime No.287/02 of Vellarada Police Station, involving offences under Section 55(a) and 8(1) of Kerala Abkari Act. After committal of the case, it is pending for trial before the Special court for Abkari cases Neyyattinkara numbered as S.C. No.2403/06. Petitioners are stated to be arrayed as A4 and A5 in the Sessions case. Limited prayer canvassed by the petitioners is for issuing a direction to the Sessions Judge for expeditious trial and disposal of the case. A report was called for from the Sessions Judge to ascertain whether there is any difficulty or impediment in disposing the case within a time frame. The learned Sessions Judge has reported that the case now stands posted for preliminary hearing and there is no impediment in disposing of the case within a time frame. The committal of the case was made as early in 2006 and, after being made over to the special court, summons were issued to the accused in 2008. When that be so, I find no reason why the trial of the case should be delayed any further. Having regard to the timelag that has passed after committal of the case, and also appearance of accused in response to the summons, it is imperative that the trial of the case has to be proceeded expeditiously and completed within a time frame. Sessions Judge shall give the case top priority for its expeditious disposal, but, providing reasonable opportunity to the prosecution and also the accused, to have a fair trial. At any rate, the Sessions Judge shall complete the trial and dispose the case within a time frame of six months from the date of receipt/production of a copy of this Judgment. Petition is disposed of.