IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 1847 of 2008() ------------------------- CC.546/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1,4 & 5 ------------------------------ 1. FAZALUDEEN, AGED 59, S/O. SHAHUL HAMEED, NIZA MANZIL, TC 15/1795(1), BAKERY JUNCTION, PALAYAM WARD, CHANGAZHASSERY VILLAGE, THIRUVANANTHAPURAM. 2. MOHAMMED ISMAIL, S/O. SHAHUL HAMEED, JAYA VILASOM VEETTIL, KIDARAKUZHI WARD, VIZHINJAM, THIRUVANANTHAPURAM. 3. SUBRAMANIAN, S/O. ASHTAMOORTHY NAMBOOTHIRI, TC 22/627, THALIYAL WARD, IRANIMUTTAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.RAMACHANDRAN NAIR SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1847 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2008 O R D E R The petitioners are accused 1, 4 and 5 in a prosecution for the offence punishable under Section 409 r/w. 34 I.P.C. The crime was registered as early as on 19.11.1985. Investigation was completed and final report was filed on 20.6.2003. Cognizance was taken as C.C.546 of 2003. Trial has not commenced yet. 2. The petitioners have come to this Court with a prayer that the prosecution against them may be quashed in as much as there has been inordinate delay in completion of the steps for prosecution against them. In these circumstances it is prayed that invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. the proceedings against the petitioners may be quashed. 3. Report of the learned Magistrate was called for. The learned Magistrate in the report has explained the circumstances Crl.M.C.No. 1847 of 2008 2 under which the matter could not be disposed of earlier. The learned Magistrate further reports that he shall be able to dispose of the matter within one month, subject to availability of witnesses. 4. I am, in these circumstances, satisfied that this petition can be dismissed now with specific direction to the court below to dispose of the case as expeditiously as possible, at any rate, within a period of three months from the date on which a copy of this order is furnished to the learned Magistrate. 5. The learned counsel for the petitioners submits that the Government is contemplating withdrawal of this case. Needless to say, it is for the Government to consider the same and take appropriate decision in the matter and take necessary steps to seek withdrawal. 6. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm