NEYYATTINKARA v. STATE OF KERALA
Case at a glance
- Bench
- BECHU KURIAN THOMAS
Outcome
Dismissed
With the above observations, this original petition is dismissed
Key paragraphs
- Para 44. However, if any request for an out of turn priority is sought for by petitioner, the learned Magistrate will be at liberty to consider the request, notwithstanding the disinclination of this Court to issue any directions in that regard. With the above observations, this…
Judgment
CC NO.1288 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PETITIONER/ COMPLAINANT : NEYYATTINKARA N. RETNA BHAI AGED 61 YEARS D/O NESAMMA, RATHEESH BHAVAN, THUDAYAKKOD, VELLARADA P. O, THIRUVANANTHAPURAM, PIN - 695505 BY ADVS. BIJU VIGNESWAR ATHUL M.V. RESPONDENT/ STATE : 1 2 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ANITHA W/O. CHANDRABABU, BIBIN BHAVAN, KANNAMCODE, VELLARADA P. O, THIRUVANANTHAPURAM, PIN - 695505 BIBIN DAS S/O. CHANDRABABU BIBIN BHAVAN, KANNAMCODE, VELLARADA P. O, THIRUVANANTHAPURAM, PIN – 695 505 BY SMT. SREEJA V., PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 529 OF 2024 2 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= O.P.(Crl.) No.529 of 2024 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of July, 2024 JUDGMENT Petitioner seeks for an expeditious disposal of C.C.No.1288/2023 pending on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara in a time bound manner.
Sri. Biju Vigneswar, the learned counsel for petitioner, submitted that petitioner is an aged and ailing senior citizen, who is a cancer patient and therefore, pendency of the case would cause prejudice to her. Hence, she seeks a speedy disposal of the pending case.
The Supreme Court has time and again observed that the Constitutional Courts must in the ordinary course restrain itself from issuing directions for a time bound disposal of cases pending before the trial courts. [Reference to the decision in High Court Bar Association, Allahabad v. State of UP & Others [2024 INSC 150] is appropriate]. If a direction is issued by this Court, it will be overlooking the priority of other cases. Therefore, the relief sought for is only to be declined.
Operative part
However, if any request for an out of turn priority is sought for by petitioner, the learned Magistrate will be at liberty to consider the request, notwithstanding the disinclination of this Court to issue any directions in that regard. With the above observations, this original petition is dismissed. RKM Sd/- BECHU KURIAN THOMAS, JUDGE OP(CRL.) NO. 529 OF 2024 3 APPENDIX OF OP(CRL.) 529/2024 PETITIONER'S EXHIBITS : Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE COMPLAINT IN CMP. NO. 4741/2022 ON THE FILE OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-III, NEYATTINKARA. TRUE COPY OF THE READABLE COPY OF THE ORDER SHEET IN CMP. NO. 4741/2022 ON THE FILE OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-III, NEYATTINKARA. TRUE COPY OF THE CASE STATUS OF C. C. NO. 1288/2023 ON THE FILE OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-III, NEYATTINKARA. TRUE COPY OF THE TREATMENT CERTIFICATE DATED 03.05.2024 ISSUED FROM THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM TO THE PETITIONER.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.