DIJEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the second accused in SC. No. 1847/2013 pending before the Assistant Sessions Court, Neyyattinkara for speedy disposal of the case under section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner has been arrayed as second accused in Crime No. 782/2012 of Parassala police station which was registered on the basis of the statement given by the second respondent as de facto complainant along with others alleging offences under section 143, 147, 148, 149, 294(b), 307 of Indian Penal Code and section 27 of Arms Act. According to the petitioner, it is a politically motivated case which has been registered on the date of declaration of election results of Neyyattinkara by election and there was some clash occurred between the party workers belonging to LDF and UDF in which the de facto complainant sustained some injuries. In fact, he had not involved in the case. However, now the second respondent had understood that he is innocent and he is prepared to settle the dispute with the petitioner. He has got an appointment as male warden in jail department and on account of the pendency of the case, his employment prospects will be affected and he is undergoing training now and unless the case is disposed of immediately he is likely to loose his employment as well. So being the case of 2013, there is no possibility of the case being taken by the learned Assistant Sessions Judge, unless a direction is given from this court. So the petitioner has no other remedy except to approach this court seeking the following remedy.

(3.) I have called for a report from the Assistant Session's Judge, Neyyattinkara, regarding the present stage of the case and the learned Session's Judge has sent a report which reads as follows: -