High CourtsSingle Bench(2023) 07 KL CK 0034

Jesbin Jose vs State Of Kerala

High Court Of Kerala · Decided on 4 July 2023

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Dismissed
CASE NUMBER
Original Petition (Crl.)No.491 Of 2023

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Judgment

6 paragraphs · 250 words

Bechu Kurian Thomas, J

1.

Petitioner seeks for a direction for a speedy disposal of C.M.P.No.3483 of 2022 in S.C.No.877 of 2020 in a time bound manner.

2.

Sri.Basil Chandy Vavachan, the learned counsel for the petitioner submitted that C.M.P.No.3483 of 2022 in S.C.No.877 of 2020 is a discharge petition filed in the Sessions Case as early as on 22.10.2022 and that till date, the said petition has not been considered, rendering great prejudice to the petitioner.

3.

On a consideration of the submissions made by the learned counsel for the petitioner, it is noticed that the petition filed for discharging the petitioner was taken up on 04.01.2023 and was adjourned to 03.03.2023 and thereafter to 13.03.2023 and again to 13.06.2023 and yet again to 11.10.2023.

4.

Even though petitioner's grievance cannot be said to be wholly unjustified, still, taking into reckoning the workload of the courts, I am of the view that a direction as sought for, for a speedy disposal of the petition cannot be issued. However, considering the plight of the petitioner, as projected by the learned counsel for the petitioner, I am of the view that notwithstanding the disinclination of this Court to issue a specific direction to dispose of C.M.P.No.3483 of 2022 in a time bound manner, the petitioner will be at liberty to appraise the learned Sessions Judge of the need to have an early disposal of the said petition for discharge.

Reserving the aforesaid liberty of the petitioner, this original petition is dismissed.