IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 Crl.MC.No. 723 of 2011() ------------------------ AGAINST THE ORDER IN CMP 92/2011 IN SC.871/1999 of ADDL.SESSIONS COURT-TRIAL OF ABKARI ACT CASES,NEYYATTINKARA .................... PETITIONER(S): ACCUSED: ------------------------------------------ SAJITH @ JITH, AGED 31 YEARS, S/O. SAIDHARAN, S.S.BHAVAN, ELAVANIKKARA, MAMPAZHAKARA DESOM, PERUMPAZHATHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2011 ALONG WITH CRMC NO.771 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.723, 771, 772 and 774 of 2011 -------------------------------------- Dated this the 10th day of March, 2011. ORDER Petitioner, common in these cases is accused in S.C.No.871 of 2009, 256 of 2010, 872 of 2009 and 1085 of 2009 respectively of the court of learned Additional Sessions Judge for trial of Abkari Cases, Neyyattinkara for offences punishable under the Abkari Act (for short, “the Act”). After the cases were registered against petitioner, he got an employment in the Kerala State Electricity Board as a worker as selected by the Kerala Public Service Commission It is stated that though he successfully completed his probation by 31.12.2008 it has not been declared and, he was granted a promotion but that also is withheld on account of pendency of these cases. Petitioner therefore wanted an early disposal of the cases. Petitioner approached this Court with Crl.M.C.Nos.4920, 4913, 4922 and 4921 of 2010 respectively and this Court though was not inclined to give a direction for time bound disposal of the cases ordered that learned Additional Sessions Judge may dispose of the cases expeditiously. That order was passed on December 17, 2010. Pursuant to that order, petitioner filed applications before the learned Additional Sessions Judge for early disposal of the cases. Learned Additional Sessions Judge Crl.MC Nos.723, 771, 772 & 774/2011 2 observed that there are a large number of cases pending before that court since 2001, the learned Judge is engaged in trial of cases of 2001 and 2003 and in the circumstances, request for early disposal cannot be allowed “at this time”. That order is under challenge. Learned counsel submitted that petitioner has a family depending on him and that if declaration of completion of probation and his promotion are delayed on account of pendency of the cases, his seniority will be lost and he will lag behind many of his juniors who are already promoted. That would cause financial loss also to him, it is contended. 2. Certainly, petitioner has a reason to feel concerned. It affects his career. The declaration of his probation and promotion granted to himare withheld. It is true that when older cases are pending, priority cannot be given to comparatively new cases. But that does not mean that under no circumstances a new case cannot be taken for trial out of turn. Special circumstance if any which affected the parties has to be taken into account. Having heard learned counsel for petitioner and the Public Prosecutor I am inclined to think that having regard to the circumstances stated by petitioner his grievance has to be redressed and that there are sufficient reasons made out by petitioner for an out of turn disposal of the cases involving him. In the circumstances I am inclined to allow the request of petitioner. Crl.MC Nos.723, 771, 772 & 774/2011 3 Resultantly these petitions are allowed and the learned Additional Sessions Judge (for trial of Abkari Cases), Neyyattinkara is directed to dispose of the Sessions Cases mentioned above as early as possible, at any rate within a period of six months from the date of receipt of a copy of this order. THOMAS P.JOSEPH, Judge. cks