DINESH MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition is filed to direct the Special Additional Chief Judicial Magistrate Court ( for the trial of criminal cases against sitting and former MPs/MLAs of the State), Ernakulam to consider and dispose of C.C No.29/2023, within a time period fixed by this Court.

(2.) The petitioner has stated in the original petition that he had filed CMP No.1006/2019 before the above Court against the second respondent, alleging him to have committed the offences under Ss. 406, 417 and 420 of the Indian Penal Code. The learned Magistrate took cognizance of the above offences and numbered the complaint as C.C.29/2023. The second respondent filed Crl.M.C 2755/2021 before this Court to quash the complaint and this Court stayed further proceedings in the above complaint. The petitioner then filed SLP (Crl) No.5592/2021 before the Hon'ble Supreme Court. By Ext.P7 judgment, the Hon'ble Supreme Court directed this Court to dispose of the Crl.M.C. Subsequently, this Court, by Ext.P8 judgment, dismissed the Crl.M.C. The second respondent is deliberately trying to protract the determination of the complaint, which is causing prejudice and hardship to the petitioner. Hence, the original petition.

(3.) Heard; Sri.V.Sethunath, the learned counsel appeariing for the petitioner; the learned Public Prosecutor appearing for the first respondent and Sri.Deepu Thankan, the learned counsel appearing for the second respondent.