APPUKUTTAN P T Vs. DEPUTY RANGER

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in C.C. 356/2013 pending before Judicial First Class Magistrate Court, Devikulam seeking for a speedy disposal under Article 227 of the Constitution of India.

(2.) IT is alleged in the petition that the petitioner is a Civil Police Officer working at Thoppumpady Police Station. He was arrayed as third accused in O.R. No.257/2005 registered by the Deputy Forest Ranger, Forest Station Marayoor along with other accused persons. He has been implicated as accused on the basis of the statement given by the first accused in the case. Since he was arrayed as accused in the case, he was suspended from service as per Ext.P1 Order. Thereafter, he was reinstated in service after one year consequent to the filing of Ext.P5 report by the Investigating Officer in respect of this case before the Judicial First Class Magistrate Court, Devikulam. Thereafter, he was transferred out of Idukki District and posted at various places in Ernakulam District. On account of the pendency of this case, his suspension period, promotions and increments were not regularized. The disciplinary proceedings initiated against him was also not finalised in view of the pendency of the criminal case. Even, the final report was filed, as per Ext.P11 judgment of this Court, directing the Investigating Officer to complete the investigation and file final report within two months and it is thereafter that the final report was filed and the case was taken on file as C.C. 356/2013 and now pending before the Judicial First Class Magistrate Court, Devikulam. It is now posted to 31.05.2014. Since this is a case of 2013, there is no possibility of the case being taken up in the near future, though the crime was registered in the year 2005. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:

(3.) ON the basis of the reliefs claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor and also on getting a report from the concerned Court regarding the present stage of the case. Accordingly, a report has been called for from the Judicial First Class Magistrate Court, Devikulam. The learned Magistrate has sent a report which reads as follows: