High Court of KeralaSingle JudgeDisposed of with directions to expedite the tri...
Sajesh P. v. State of Kerala and Vipin Raj C.
Case / Petition Number:Crl.MC No. 2703 of 2019; Crl.MC No. 2740 of 2019
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Raja Vijayaraghavan V.
- Judgment Date
- 2019-04-09
- Court Decision / Holding
- The petitions are disposed of with directions to expedite the trial proceedings in the above-captioned cases and to bring them to a logical conclusion within eight months from the date of production of a copy of this order. If the petitioner files an application under Section 205 Cr.P.C. before the learned Magistrate, the same shall be considered in terms of the directions issued by this Court in Raju T.P. v. State of Kerala (2009 (3) KHC 14). If permanent exemption is sought, it is for the petitioner to approach the learned Magistrate and seek appropriate reliefs.
- Final Disposition
- Disposed of with directions to expedite the trial within eight months; permanent exemption to be sought before the Magistrate; Section 205 Cr.P.C. applications to be considered on merits as per the cited precedent with reference to Raju T.P.]
Parties to the Case
Appellants / Petitioners
- Sajesh P.
Respondents
- State of Kerala
- Vipin Raj C.
Legal Representation & Advocates
Counsels for Petitioners
- • Sri Vinay Ramdas
- • Sri K.B. Anamika
Counsels for Respondents
- • Sri Ramesh Chand
- • Sri Ajith Murali
Case Synopsis & Summary
This is a Kerala High Court criminal miscellaneous petitions matter involving Sajesh P., the accused in C.C. Nos. 1067/2015 and 489/2018, pending before the Judicial First Class Magistrate Court-III, Kozhikode, arising out of Crimes (Crime No.161/2015) registered at Kasaba Police Station. The petitions (Crl.MC Nos. 2703/2019 and 2740/2019) seek exemption from personal appearance and directions to expedite the trial. The petitioner, a mechanical engineer with a Post Graduate Diploma in International Cyber Law, contends that a sequence of FIRs/crimes and the pendency of proceedings have adversely affected his employment prospects. He mentions a senior police inquiry that allegedly recommended action against errant officers who registered several offenses against him. He requests the court to allow eventual exemption from appearance and to dispose of the cases within a defined timeframe. The State, represented by public prosecutors in the two petitions, opposes indulgence, arguing that the petitioner is involved in numerous crimes and that no leniency should be shown. The High Court, after hearing, directs the Magistrate to expedite the trial and bring it to a conclusion within eight months from the date copies of the order are produced. It clarifies that permanent exemption lies with the Magistrate and, if required, an application under Section 205 Cr.P.C. should be considered consistent with the Court’s directions in Raju T.P. v. State of Kerala. The petitions are disposed of with these directions, preserving the petitioner’s remedy under the law.
Provisions of Law Cited
Cr.P.C. Section 205
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner seeks exemption from personal appearance and requests that the trials be expedited. He asserts that pendency of multiple cases and the investigation process hinder his employment prospects. He relies on the court’s power to manage proceedings and requests a time-bound disposal. He also seeks consideration of relief under Section 205 Cr.P.C. as guided by the court’s own precedent in Raju T.P. v. State of Kerala.
Contentions of Respondents
The State/Prosecution opposes any indulgence, contending that the petitioner is involved in numerous crimes and should not be granted exemptions. It urges that the trials should proceed without unnecessary delay and that exemptions could undermine the course of justice.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Raju T.P. v. State of Kerala | 2009 (3) KHC 14 | Positive | Court cites this decision to guide consideration of Section 205 Cr.P.C. applications in the present petitions. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941**
**Crl.MC.No. 2703 of 2019**
**AGAINST CC NO.1067/2015 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-III, KOZHIKODE**
**CRIME NO.161/2015 OF KASABA POLICE STATION, KOZHIKODE**
## **PETITIONER/ACCUSED:**
**SAJESH P., AGED 45 YEARS, SS/O MADHAVAN, MEERA NIVAS, SANKARANELLUR P.O., KUTHUPARAMBA, KANNUR DISTRICT**
**BY ADV. SRI.VINAY RAMDAS**
## **RESPONDENTS/STATE:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY SUB INSPECTOR OF POLICE,**|
||**KASABA POLICE STATION (KOZHIKODE DISTRICT)**|
||**THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,**|
||**ERNAKULAM-31.**|
|**2**|**VIPIN RAJ C., AGED 33 YEARS,**|
||**S/O. PURUSHOTHAMAN, THATHANKANDI HOUSE,**|
||**MAYANAD P.O., KOZHIKODE-673 008 AND COMPLAINT MADE**|
||**FROM C/O. GOPALAKRISHNAN U., UCHAKAVIL HOUSE,**|
||**PANNIKODE P.O, MUKKAM VIA, KOZHIKODE,**|
||**KOZHIKODE DISTRICT-673 602.**|
**R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND**
**THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.04.2019, ALONG WITH CRL.M.C. NO.2740 OF 2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
CRL.MCs:2703 & 2740/2019
2
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941**
**Crl.MC.No. 2740 of 2019**
**AGAINST CC NO.489/2018 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-III, KOZHIKODE**
**CRIME NO. 475/2015 OF KASABA POLICE STATION, KOZHIKODE**
## **PETITIONER/ACCUSED:**
**SAJESH P., AGED 45 YEARS, S/O.MADHAVAN, MEERA NIVAS, SANKARANELLUR P.O., KUTHUPARAMBA, KANNUR DISTRICT.**
**BY ADVS.SRI.VINAY RAMDAS SMT.K.B.ANAMIKA**
## **RESPONDENTS/STATE:**
**1 STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, PALAKAD (PALAKAD DISTRICT) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2 PAWAN DWARAKANATH, AGE AND FATHERS NAME NOT KNOWN, E-604, STERLING TERRACES APARTMENTS, 100 FEET RING ROAD, BANASHANKARI, 3RD STAGE, BANGALORE-560 085**
## **OTHER PRESENT:**
**BY PUBLIC PROSECUTOR SRI.AJITH MURALI**
**THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.04.2019, ALONG WITH CRL.M.C. NO.2703 OF 2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
CRL.MCs:2703 & 2740/2019
3
## **ORDER**
The petitioner herein is the accused in C.C.Nos.1067 of 2015 and C.C.No.489 of 2018 on the files of the Judicial First Class Magistrate Court-III, Kozhikode.
2. The petitioner is a Mechanical Engineer and is having a Post Graduate Diploma in International Cyber Law as well. A series of crimes were registered against him at the Kasaba Police Station. Final report has been laid and in some of the cases, he has been acquitted after trial. In several other cases, refer charge has been filed by the police as well. According to the learned counsel, a detailed enquiry was conducted by a senior police officer and he had recommended that appropriate action be initiated against the errant police officers, who were instrumental in registering numerous crimes against the petitioner.
3. According to the petitioner, due to the pendency of a few cases, the petitioner is prevented from securing any employment. His limited prayer is to issue necessary directions to the court below to exempt his appearance and to dispose of the cases within a time frame.
CRL.MCs:2703 & 2740/2019
4
4. Heard the learned Public Prosecutor, who has opposed the prayer. It is submitted that the petitioner herein is involved in numerous crimes and no indulgence need to be shown to him.
5. I have considered the submissions advanced.
6. Having considered the rival submissions and in view of the peculiar facts and circumstances, I direct the learned Magistrate to expedite the trial proceedings in the above captioned cases and take it to its logical conclusion at the earliest, at any rate, within a period of eight months from the date of production of a copy of this order. Insofar as his prayer for permanent exemption is concerned, it is for the petitioner to approach the learned Magistrate and seek appropriate reliefs. If the petitioner files an application under Section 205 of the Cr.P.C. before the learned Magistrate, in terms of the directions issued by this Court in **Raju T.P. v. State of Kerala** [2009 (3) KHC 14], the same shall be considered and orders shall be passed on its merits.
These petitions are disposed of with the above directions.
## **SD/-**
## **RAJA VIJAYARAGHAVAN V., JUDGE**
KRJ
//TRUE COPY// P.A. TO JUDGE
CRL.MCs:2703 & 2740/2019
5
## **APPENDIX IN CRL.MC:2703/2019**
## **PETITIONER'S/S EXHIBITS:**
|**ANNEXURE A1**|**A TRUE COPY OF CRIME 161/2015 OF THE KASABA**|
|---|---|
||**POLICE STATION DATED 25/02/2015**|
|**ANNEXURE A2**|**A TRUE COPY OF WRITTEN COMPLAINT MADE BY SRI**|
||**VIPIN RAJ C DATED 25/02/2015**|
|**ANNEXURE A3**|**A TRUE COPY OF SEIZURE MAHAZAR DATED 05/05/2015**|
|**ANNEXURE A4**|**A TRUE COPY OF ARREST MEMO DATED 05/05/2015**|
|**ANNEXURE A5**|**A TRUE COPY OF FINAL REPORT DATED 26/10/2018**|
|**ANNEXURE A6**|**A TRUE COPY OF ENQUIRY REPORT AGAINST SRI M**|
||**MANU AND OTHERS DATED 23/11/2016**|
|**ANNEXURE A7**|**A TRUE COPY OF G.D. ENTRY**|
|**ANNEXURE A8**|**A TRUE COPY OF JUDGMENT IN C.C 3825/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 30/07/2016**|
|**ANNEXURE A9**|**A TRUE COPY OF JUDGMENT IN C.C 3392/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 30/07/2016**|
|**ANNEXURE A10**|**A TRUE COPY OF JUDGMENT IN C.C 3391/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 30/07/2016**|
|**ANNEXURE A11**|**A TRUE COPY OF JUDGMENT IN C.C 3826/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 30/07/2016**|
|**ANNEXURE A12**|**A TRUE COPY OF JUDGMENT IN C.C 3823/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 30/07/2016**|
|**ANNEXURE A13**|**A TRUE COPY OF JUDGMENT IN C.C 3389/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 08/09/2016**|
|**ANNEXURE A14**|**A TRUE COPY OF JUDGMENT IN C.C 3390/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 30/07/2016**|
|**ANNEXURE A15**|**A TRUE COPY OF JUDGMENT IN C.C 3387/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 08/09/2016**|
|**ANNEXURE A16**|**A TRUE COPY OF JUDGMENT IN C.C 3388/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 08/09/2016**|
|**ANNEXURE A17**|**A TRUE COPY OF JUDGMENT IN C.C 3388/2013 BEFORE**|
||**THE JFCM III, PALAKAD DATED 08/09/2016**|
CRL.MCs:2703 & 2740/2019
6
|**ANNEXURE A18**|**A TRUE COPY OF JUDGMENT IN C.C 3684/2013 BEFORE**|
|---|---|
||**THE JFCM III, PALAKAD DATED 08/09/2016**|
|**ANNEXURE A19**|**A TRUE COPY OF ORDER IN CRL.M.C 7199/2018 DATED**|
||**16/11/2018**|
|**ANNEXURE A20**|**A TRUE COPY OF FINAL REPORT MADE IN C.C**|
||**270/2016 BEFORE THE JUDICIAL MAGISTRATES COURT**|
||**IV, VELLORE ARISING OUT OF CRIME 453/2014 OF**|
||**THE KATPADI RPS.**|
|**ANNEXURE A20(A)A TRUE COPY OF ENGLISH TRANSLATION OF FINAL**||
||**REPORT MADE IN C.C 270/2016 BEFORE THE JUDICIAL**|
||**MAGISTRATES COURT IV, VELLORE ARISING OUT OF**|
||**CRIME 453/2014 OF THE KATPADI RAILWAY POLICE**|
||**STATION**|
|**ANNEXURE A21**|**A TRUE COPY OF ORDER IN R.C 56/2016 IN CRIME**|
||**NO. 469/2015 OF KASABA POLICE STATION DATED**|
||**31/08/2016**|
|**ANNEXURE A22**|**A TRUE COPY OF ORDER IN R.C 56/2016 IN CRIME**|
||**NO. 470/2015 OF KASABA POLICE STATION DATED**|
||**29/07/2017**|
|**ANNEXURE A23**|**A TRUE COPY OF ORDER IN R.C 148/2017 IN CRIME**|
||**NO. 471/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A24**|**A TRUE COPY OF ORDER IN R.C 57/2017 IN CRIME**|
||**NO. 472/2015 OF KASABA POLICE STATION DATED**|
||**16/07/2016**|
|**ANNEXURE A25**|**A TRUE COPY OF ORDER IN R.C 149/2017 IN CRIME**|
||**NO. 473/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A26**|**A TRUE COPY OF ORDER IN R.C 150/2017 IN CRIME**|
||**NO. 474/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A27**|**A TRUE COPY OF ORDER IN R.C 151/2017 IN CRIME**|
||**NO. 476/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A28**|**A TRUE COPY OF ORDER IN R.C 152/2017 IN CRIME**|
||**NO. 477/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
CRL.MCs:2703 & 2740/2019 7
|**ANNEXURE A29**|**A TRUE COPY OF ORDER IN R.C 153/2017 IN CRIME**|
|---|---|
||**NO. 478/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A30**|**A TRUE COPY OF ORDER IN R.C 154/2017 IN CRIME**|
||**NO. 479/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A31**|**A TRUE COPY OF ORDER IN R.C 155/2017 IN CRIME**|
||**NO. 480/2015 OF KASABA POLICE STATION DATED**|
||**26/07/2017**|
|**ANNEXURE A32**|**A TRUE COPY OF THE ACADEMIC AND PROFESSIONAL**|
||**CHRONICLE OF THE PETITIONER**|
## **RESPONDENTS’ EXHIBITS:-NIL**
CRL.MCs:2703 & 2740/2019
8
## **APPENDIX IN CRL.MC:2740/2019**
**PETITIONER'S/S EXHIBITS:**
**ANNEXURE-A1 A TRUE COPY OF CRIME 161/2015 OF THE KASABA POLICE STATION 25/02/2015 ANNEXURE-A2 A TRUE COPY OF WRITTEN COMPLIANT MADE BY SRI.VISHNU RAJ.C., DATED 25/02/2015 ANNEXURE-A3 A TRUE COPY OF SEIZURE MAHAZAR DATED 05/05/2015 ANNEXURE-A4 A TRUE COPY OF ARREST MEMO DATED 0505/2015 ANNEXURE-A5 A TRUE COPY OF UNDATED CONFESSION STATEMENT ALLEGEDLY MADE BY THE PETITIONER ANNEXURE-A6 A CERTIFIED COPY OF THE CRIME 475/2015 OF THE KASABA POLICE STATION, KOZHIKODE CITY DATED 05/05/2015 IN THE FIELS OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III.,KOZHIKODE**
- **ANNEXURE-A7 A TRUE COPY OF COMPLAINT VIA EMAIL ALONG WITH INVOICE MADE BY THE 2ND RESPONDENT**
- **ANNEXURE-A8 A TRUE COPY OF FINAL REPORT DATED 24/10/2018**
- **ANNEXURE-A9 A TRUE COPY OF G.D.ENTRY ANNEXURE-A10 A TRUE COPY OF ENQUIRY REPORT AGAINST IN SRI.M.MANU AND OTHERS DATED 23/11/2016**
- **ANNEXURE-A11 A TRUE COPY OF JUDGMENT IN C.C.3825/2013 BEFORE THE JFCM III, PALAKKAD DATED 30/07/2016**
- **ANNEXURE-A12 A TRUE COPY OF JUDGMENT IN C.C.3392/2013 BEFORE THE JFCM III, PALAKKAD DATED 30/07/2016**
- **ANNEXURE-A13 A TRUE COPY OF JUDGMENT IN C.C.3391/2013 BEFORE THE JFCM III, PALAKKAD DATED 30/07/2016**
- **ANNEXURE-A14 A TRUE COPY OF JUDGMENT IN C.C.3826/2013 BEFORE THE JFCM III, PALAKKAD DATED 30/07/2016**
CRL.MCs:2703 & 2740/2019
9
|**ANNEXURE-A15**|**A TRUE COPY OF JUDGMENT IN C.C.3823/2013**|
|---|---|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**30/07/2016**|
|**ANNEXURE-A16**|**A TRUE COPY OF JUDGMENT IN C.C.3389/2013**|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**08/09/2016**|
|**ANNEXURE-A17**|**A TRUE COPY OF JUDGMENT IN C.C.3390/2013**|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**30/07/2016**|
|**ANNEXURE-A18**|**A TRUE COPY OF JUDGMENT IN C.C.3387/2013**|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**08/09/2016**|
|**ANNEXURE-A19**|**A TRUE COPY OF JUDGMENT IN C.C.3388/2013**|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**08/09/2016**|
|**ANNEXURE-A20**|**A TRUE COPY OF JUDGMENT IN C.C.3533/2013**|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**08/09/2016**|
|**ANNEXURE-A21**|**A TRUE COPY OF JUDGMENT IN C.C.3684/2013**|
||**BEFORE THE JFCM III, PALAKKAD DATED**|
||**08/09/2016**|
|**ANNEXURE-A22**|**A TRUE COPY OF ORDER IN CRL.M.C.7199/2018**|
||**DATED 16/11/2018**|
|**ANNEXURE-A23**|**A TRUE COPY OF FINAL REPORT MADE IN**|
||**C.C.270/2016 BEFORE THE JUDICIAL**|
||**MAGISTRATES COURT IV, VELLORE ARISING OUT**|
||**OF CRIME 453/2014 OF THE KATPADI RPS**|
|**ANNEXURE-A23(A)**|**A TRUE COPY OF ENGLISH TRANSLATION OF**|
||**FINAL REPORT MADE IN C.C.270/2016 BEFORE**|
||**THE JUDICIAL MAGISTRATES COURT IV, VELLORE**|
||**ARISING OUT OF CRIME 453/2014 OF THE**|
||**KATPADU RAILWAY POLICE STATION**|
|**ANNEXURE-A24**|**A TRUE COPY OF ORDER IN R.C.56/2016 IN**|
||**CRIME NO 469/2015 OF KASABA POLICE STATION**|
||**DATED 31/08/2016**|
|**ANNEXURE-A25**|**A TRUE COPY OF ORDER IN R.C.56/2016 IN**|
||**CRIME NO 470/2015 OF KASABA POLICE STATION**|
||**DATED 29/07/2017**|
CRL.MCs:2703 & 2740/2019
10
|**ANNEXURE-A26**|**A TRUE COPY OF ORDER IN R.C.148/2016 IN**|
|---|---|
||**CRIME NO 471/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A27**|**A TRUE COPY OF ORDER IN R.C.57/2016 IN**|
||**CRIME NO 472/2015 OF KASABA POLICE STATION**|
||**DATED 16/07/2017**|
|**ANNEXURE-A28**|**A TRUE COPY OF ORDER IN R.C.149/2016 IN**|
||**CRIME NO 473/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A29**|**A TRUE COPY OF ORDER IN R.C.150/2016 IN**|
||**CRIME NO 474/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A30**|**A TRUE COPY OF ORDER IN R.C.151/2016 IN**|
||**CRIME NO 476/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A31**|**A TRUE COPY OF ORDER IN R.C.152/2016 IN**|
||**CRIME NO 477/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A32**|**A TRUE COPY OF ORDER IN R.C.154/2016 IN**|
||**CRIME NO 479/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A33**|**A TRUE COPY OF ORDER IN R.C.154/2016 IN**|
||**CRIME NO 479/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A34**|**A TRUE COPY OF ORDER IN R.C.155/2016 IN**|
||**CRIME NO 480/2015 OF KASABA POLICE STATION**|
||**DATED 26/07/2017**|
|**ANNEXURE-A35**|**A TRUE COPY OF LIST OF PROPERTY IN CRIME**|
||**475/2015 DATED 19/11/2016**|
|**ANNEXURE-A36**|**A TRUE COPY OF THE ACADEMIC AND**|
||**PROFESSIONAL CHRONICLE OF THE PETITIONER**|
## **RESPONDENTS’ EXHIBITS:-NIL**