IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 3885 of 2008() ------------------------- SC.4/2006 of SPL.COURT (NDPS ACT CASES), VADAKARA .................... PETITIONER(S): 2ND ACCUSED --------------- ANAS, S/O.ABDULLA, MEETHALE VATTEPOYIL HOUSE, VALAYAM AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3885 of 2008 ------------------------------------- Dated this the 3rd day of November, 2008 ORDER Petitioner, who faces indictment in a prosecution for offences punishable under Sections 3 and 5 of the Explosive Substances Act, has come to this Court to air the grievance that the case against him, which is now pending as S.C.No.4 of 2006 before the Additional Sessions Court (N.D.P.S Act Cases) Vadakara, is not being taken up for disposal by the learned Judge. Report of the learned Judge was called for. The report shows that, of the 4 accused persons facing indictment, 3 have not entered appearance at all. The petitioner, the 2nd accused is the only one now available for trial. Steps are being taken to split up the case against the other accused. Charges will now have to be framed against the petitioner. Thereafter within one month of framing charges, the case can be disposed of, reports the learned Sessions Judge. 2. Having considered all the relevant circumstances, I am satisfied, that the submissions of the learned Judge can be accepted and no further specific directions are necessary to be issued in this Crl.M.C. Crl.M.C. No.3885 of 2008 2 3. This Crl.M.C is, in these circumstances, dismissed. I may hasten to observe that I expect the learned Sessions Judge to complete all the requisite formalities of procedure and ensure that the case against the petitioner is taken up for early disposal as expeditiously as possible - at any rate, within a period of 2 months from the date on which a copy of this order is placed before the learned Judge. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the learned Sessions Judge. (R.BASANT, JUDGE) rtr/-