IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 OP(Crl.).No. 878 of 2010(Q) --------------------------------------- CMP.1794/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KOZHIKODE. ..................... PETITIONER ------------------- ABDUL NAZEER, S/O. AHAMMED KOYA, P.P.HOUSE, MANKAVU, POST KOZHIKODE, KOZHIKODE DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. THE DETECTIVE INSPECTOR, C.B.C.I.D., KOZHIKODE, 689 112. R1 & R2 BY GOVT. PLEADER MR.I.V. PRAMOD. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- O.P.(Crl.)No.878 of 2010 Q -------------------------- JUDGMNET This petition is filed under Article 227 of constitution of India for a direction to the learned Sessions Judge to consider and pass orders on Exhibits P2 to P4 within a time frame. 2. Learned counsel appearing for the petitioner was heard. 3. By Exhibit P1 order, petition filed by the petitioner under Section 451 of Code of Criminal Procedure was dismissed. Exhibit P2 revision was filed challenging Exhibit P1 order. Exhibit P3 is a petition filed in the revision for releasing the passport, which is the very same prayer to be considered in the revision. Exhibit P4 is a petition filed to advance the case. 4. It is for the learned Sessions Judge to consider whether a revision will lie against Exhibit P1 order. When the relief sought for in OPCR 878/10 2 Exhibit P3 is the very same relief which is to be granted in Exhibit P2, learned Sessions Judge will not be in a position to grant interim relief as sought for. Whatever it be, it is for the learned Sessions Judge to consider Exhibits P2 to P4 and pass appropriate order in accordance with law. Petition is disposed directing Sessions Judge, Kozhikode to consider Exhibits P2 to P4 and pass appropriate order, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. 26th November, 2010 (M.Sasidharan Nambiar, Judge) tkv