K.G. THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the de facto complainant in C.C. No. 2397/2009 on the file of Additional Chief Judicial Magistrate Court, Ernakulam for speedy disposal of the case under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner who is the de facto complainant in C.C. No. 2397/2009 pending before Additional Chief Judicial Magistrate Court, Ernakulam. The case was registered on the basis of a complaint filed by the petitioner as de facto complainant against the accused in the case alleging offences under Sections 324, 341, 452, 294(b) of the Indian Penal Code. After investigation, final report was filed and the case was taken on file and pending as C.C. 2397/2009 before the Additional Chief Judicial Magistrate Court, Ernakulam. Though the case was registered in the year 2009, till date, accused have not appeared and the case could not be disposed of. Further, accused Nos. 7 & 11 are no more and the charge against them has been abated as well. The case came up for hearing lastly, on 25.05.2014 and thereafter non bailable warrant is issued against the remaining accused persons and the case is now posted to 25.07.2014. The magistrate has not initiated any coercive steps against the sureties to get their presence as well. The petitioner sustained injuries. If the trial of the case is not expedited, the accused will go unpunished as well. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that the incident occurred in the year 2009 and by the time, charge sheet was filed and case was taken on file, two of the accused persons died and the petitioner is also getting old and if it is delayed further, the possibility of conviction will be less and magistrate is also not taking coercive steps to get the presence of the accused as well.