Procedure to be followed by lower court when case is ordered to be disposed off in time bound as per order of higher court?

  In an order in IA.No.7588/2009 in WP(C).

No.396/2009 this Court reminded the lower court that, the

time limits are fixed by superior courts in their anxiety to

ensure expeditious disposal. All subordinate courts must

realise that between the interests of justice and time limit

prescribed, it is the interests of justice that shall have to

prevail. If the trial court finds that justice in the given case

cannot be achieved within the prescribed time limit, it is for

such court to apply for extension of time. Time limits are

not fixed so that the cases can be disposed of somehow.

      8.    It is ignoring that, the learned Magistrate refused

to have the petition disposed on merits with a reason that

this Court has prescribed time limit for disposal of the case.

It is not at all a good reasoning and it can no way be

allowed.     The reasoning that altering of charge would

prolong the trial is also erroneous and not sustainable. A

request made by the prosecutor to alter the charge with an

allegation that the charge is not in accordance with the

report of the investigating officer could be dismissed, only if

the allegation is not true. A trial without a proper charge

would only lead to miscarriage of justice.   

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3162 of 2009()


AKBAR.A., PUTHEN VEEDU, NORTH MSM
                   
                        Vs
STATE OF KERALA, REP. BY PUBLIC
                     

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :24/11/2009

Citation: 2010CriLJ2555, ILR2010(2)KeralaKER, ILR2010(2)Kerala875, 2010 (1) KHC 738, 2010(1)KLT714

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