SUNNY ZACHARIAH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the accused in C.C.No.346/2013 pending before Judicial First Class Magistrate Court, No -I, Kollam for speedy disposal of C.C.No.346/13 and also the counter cases under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is a practicing lawyer and he has been arrayed as sole accused in C.C.No.346/13 which has been charge sheeted by Sub Inspector of Police, Kundara Police Station alleging offences under Sections 341 and 323 of Indian Penal Code. Petitioner also preferred counter case against Cws 1 and 2 in this case which is pending as C.C.No.347/13 before the same court. In respect of the same incident, the owner of the property Raju, who is CW4 in C.C.No.346/13 had independently moved the criminal action by filing a complaint in which the accused in C.C.No.347/13 are the accused and that after investigation, it is pending as C.C.No.397/13 on the file of the same court. All these cases are interconnected and on account of the pendency of the cases, the petiitoner is finding it difficult as it affect his reputation in the society. So, he wanted to have a speedy disposal of all these cases. So, he has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that though he is eager to dispose of the cases, the accused in the other cases and the witnesses in the case in which the petitioner has been made an accused are not co -operating with the disposal of the case and it was deliberate and to delay the disposal of the case and to harass the petitioner that they are not even appearing in the connected cases.