IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 29037 of 2007(F) ------------------------------- C.C. No. 654/2000 OF J.F.C.M., TALIPARAMBA CRIME NO. 83 of 1995 OF TALIPARAMBA POLICE STATION PETITIONER: SAVITHRI K.V., SECRETARY, TALIPARAMBA SERVICE CO-OPERATIVE BANK LTD., TALIPARAMBA P.O. KANNUR DISTRICT. BY ADV. SRI.H.BADARUDDIN SRI. C.A. JOSEPH RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P. BHASKARAN, PATTERI HOUSE, BRANCH MANAGER (DISMISSED FROM SERVICE), KOOVODI P.O., KUTTIKAL, TALIPARAMBA. 3. A.P. MUHAMMED RAFEEQ, BILL COLLECTOR (DISMISSED FROM SERVICE), TALIPARAMBA SERVICE CO-OPERATIVE BANK LTD., TALIPARAMBA P.O., KANNUR DISTRICT. 4. K.K. RAGHAVAN NAMBIAR, SECRETARY (DISMISSED FROM SERVICE), TALIPARAMBA SERVICE CO-OPERATIVE BANK LTD., TALIPARAMBA P.O., KANNUR DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 29037 of 2007 ========================== Dated this the 25th day of January, 2008. JUDGMENT The petitioner, who is the de facto complainant in crime No. 83 of 1995 of Taliparamba Police Station for an offence punishable under Section 409 IPC and pending before the Judicial First Class Magistrate, Taliparamba as C.C. No. 654/2000, seeks a direction to the said Magistrate to complete the trial and dispose of the matter expeditiously and within a time frame fixed by this Court. 2. This Court called for reports from the trial court as well as from the Chief Judicial Magistrate, Thalassery and the Sessions Judge, Thalassery. 3. Going by the detailed report from the Sessions Judge, Thalassery the following facts emerge:- The crime No. 83/1995 of Taliparamba Police Station registered for an offence punishable under Section 409 IPC has subsequently been transferred to the Crime Branch and was re- registered as crime No. 132/CR/1995 for offences punishable under Sections 409, 468 and 477 A and 201 IPC r/w Section 34 W.P.(C) NO. 29037/2007 : 2: IPC. Going by the audit report during the period 01.071985 to 19.01.1995 a sum of Rs. 2,21,82,839.08 was fount to have been misappropriated by forgery and falsification of accounts and cheating. But, the Joint Registrar chose to initiate action only in respect of Rs.68,47,238.45 ranging for the period from 12.07.1992 to 25.01.1995. The investigation by the police restricted the enquiry for the period from 17.04.1989 to 22.05.1994. After completing the investigation, the CBCID filed a single charge sheet under Section 173(2) Cr.P.C splitting the case into six periods and filed six supplementary charges before the Judicial First Class Magistrate, Taliparamba. As per these charges filed by the CBCID on 15.07.2000, there are altogether 35 instances. To comply with Section 219 Cr.P.C only three instances in a period of one year could be taken into account for each charge so reckoned. The number of charges in that case ought to have been 12. There are about 198 witnesses and as many as six accused in the case. Instead of taking on file at least 12 C.C cases, the learned Magistrate took cognizance of the offence as a single case by registering C.C. No. 654/2000 for all the cases which was bad in law. W.P.(C) NO. 29037/2007 : 3: 4. Considering the voluminous documentary evidence and the number of prosecution witnesses, the trial of the said case after splitting it into at least 12 cases will easily take nearly one year. Under these circumstances, the only course open to this Court is to set aside the cognizance taken and direct the Judicial First Class Magistrate, Taliparamba to split up the case into at least 12 cases and assigning a CC number to each of these cases after taking cognizance of the offence in each of these cases and to make an endeavour to dispose of the case through joint trial as expeditiously as possible and at any rate within one year from the date of receipt of a copy of this judgment. Within two weeks of receipt of a copy of this judgment, the Magistrate shall split up the case at least into 12 cases and assign separate C.C numbers and shall send a report to this Court regarding the action taken in that behalf within one week of such action. This writ petition is disposed of as above. V. RAMKUMAR, JUDGE. rv W.P.(C) NO. 29037/2007 : 4: