JANARDHANAN.P.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner, who is the second accused in CC.No.67/2013, on the file of Judicial First Class Magistrate Court, Payyannur, for speedy disposal of the case under Article 227 of the Constitution of India.

(2.) IT is alleged in the petition that, petitioner has been arrayed as second accused in Crime no.51/1994, of Payyannur police station and after investigation, final report was filed, and it was originally taken on file as CC.174/1994. Accused Nos.1 and 3 faced trial and case against them was disposed of. Since, accused Nos.2 and 4 did not appear, case against them was split up and thereafter, it was transferred to register of long pending cases. Thereafter, petitioner surrendered before the court below and accordingly, case against him was refiled now. On account of the pendency of the case, the passport authorities are trying to seize the passport though he is permitted to go abroad after his surrender as per order in Annexure -2, by the learned Magistrate. He apprehends that the disposal of the case will take long time. Unless a direction is given, the court below will not dispose of the case expeditiously . So the petitioner has no other remedy except to approach this court seeking the following relief: -

(3.) THE counsel for the petitioner submitted that though the case is now shown as CC.67/2013, in fact the crime occurred in the year 1994, and the case against some of the accused persons were tried and disposed of. So it will not take much time. Further pendency of this case causes hardship to the petitioner as he is now working abroad and whenever he comes to India, he can not go back without getting further orders from the court as passport authorities are insisting for getting orders from the court whenever he wants to go abroad. So he prays for allowing the application.