2025:KER:23628 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 2705 OF 2025 CRIME NO.1341/2023 OF Koraty Police Station, Thrissur CC NO.511 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY PETITIONER/ACCUSED NO.2: ANANTHA KRISHNAN AGED 19 YEARS S/O PRATHEESH, VATTOLI PARAMBIL HOUSE, KUZHUR PO, THUMBARASHERRI, THRISSUR., PIN – 680734. BY ADV N.K.MOHANLAL RESPONDENT/COMPLAINANT/DEFACTO COMPLAINANT: 1 STATION HOUSE OFFICER KORATTY POLICESTATION, THRISSUR, PIN – 680308. 2 MOHAMMED RAIHAN KAKKUNNIL PARAMBIL HOUSE,MAMBRA, PARAKKAVU, PIN – 683579. 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23628 CRL.MC NO. 2705 OF 2025 2 ORDER The petitioner is facing trial in C.C No.511 of 2024 pending before the Judicial First Class Magistrate Court, Chalakudy for the offences punishable under Sections 457 and 380 r/w Section 34 of the Indian Penal Code on the allegation of having committed theft of six numbers of Alloy Wheels from the shop of the de facto complainant. 2. Learned counsel for the petitioner submits that the de facto complainant had deposed in court that he had named the petitioner due to a misunderstanding. As no purpose is to be served by continuing the trial in the light of the de facto complainant’s statement, a request was made to the learned Magistrate to direct the prosecution to give up the other witnesses and acquit the petitioner. But, without acceding to the request, the Magistrate is continuing the trial. 2025:KER:23628 CRL.MC NO. 2705 OF 2025 3 3. I heard the learned Public Prosecutor also. 4. First of all, there is nothing on record to show that any request for giving up the rest of the prosecution witnesses was made by the petitioner. Even if any such request was made, it is the absolute decision of the prosecution and the trial court to decide whether balance witnesses are to be given up in view of the testimonies of earlier witnesses. It will be inappropriate and inadvisable for this Court to take up the role of the trial court and direct to give up the prosecution witnesses. 5. Learned counsel for the petitioner then made an alternative submission that, considering the age of the petitioner and his future prospects, there may at least be a direction to complete trial and pronounce judgment at the earliest. 6. I find the submission to be well founded, the 2025:KER:23628 CRL.MC NO. 2705 OF 2025 4 petitioner being aged only 19 years. The Crl.M.C is accordingly closed, directing the Judicial Magistrate of First Class, Chalakudy to take earnest efforts to dispose of C.C No.511 of 2024 expeditiously, without overlooking the priority of five plus year old cases. Sd/- V.G.ARUN JUDGE Sru 2025:KER:23628 CRL.MC NO. 2705 OF 2025 5 APPENDIX OF CRL.MC 2705/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF FINAL REPORT IN CC 511/2024 OF THE JFCM,CHALAKKUDY INCLUDING 162 STATEMENT OF WITNESSES Annexure A2 A TRUE COPY OF THE DEPOSITION OF PW1 Annexure A3 A TRUE COPY OF COURSE CERTIFICATE DATED 17/02/2020 ISSUED BY BOARD OF EXAMINATION FOR SEAFARERS TRUST MUMBAI