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Judgment
Petitioners are the accused in Crime No.250 of 2009 of Chakkarakkal Police Station, registered for offences under Sections 143, 147, 148, 341, 323,
324, 326, 447, 307 r/w 149 of IPC, now pending as S.C.No.107 of 2011 on the files of the Additional Assistant Sessions Court, Thalassery. Trial in the
case commenced on 23.07.2018 and 14 prosecution witnesses have been examined. The prosecution evidence was completed on 13.02.2020. The
case was posted to 27.02.2020 for Section 313 questioning of accused. As accused No.6 was absent on that day, the case was adjourned to
10.03.2020. But, the accused were not questioned on 10.03.2020 and the evidence was suo motu reopened on the request of the prosecution and
summons was issued to CW2 and CW11. Thereafter, the case is being adjourned due to lockdown restrictions and other reasons. Petitioners are
aggrieved by the delay in completing the trial and disposing the case.
In the report called for by this Court, the Additional Assistant Sessions Judge, Thalassery has stated that, after reopening the evidence on
10.03.2020, the case was posted to 28.05.2020, on which day, he was in quarantine. Thereafter, the case was posted by notification on different dates.
It is stated that even though the case was posted on 05.04.2021, it has been advanced to 18.02.2021 for issuing summons to CW2 and CW11.
According to the learned Judge, a further period of three months is required for disposing the case.
In view of the limited relief being granted, notice to respondents 1 to 7 is dispensed with.
In the light of the report, the Crl.M.C is disposed of, directing the Additional Assistant Sessions Judge, Thalassery to dispose C.C.No.107 of 2011
within an outer limit of three months from the date of receipt of a copy of this order.