IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 3996 of 2008() ------------------------- CC.2175/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER(S): ACCUSED ---------------------- MANILAL, AGED 40 YEARS, S/O.K.K. BALAN, WORKING AS ELECTRICIAN (SK), IN NAVAL SHIP, N. REPAIR YARD, COCHIN RESIDING AT KADAVIL HOUSE, PULLAZHI.P.O, TRICHUR-680 012. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. THE PRINCIPAL MUNSIFF COURT, KOCHI-5, REPRESENTED BY THE JUNIOR SUPERINTENDENT, SIR.A.D. JOSEPH. PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C.No. 3996 of 2008 ------------------------------------------------- Dated this the 2nd day of December, 2008 ORDER There is no representation for the petitioner. A report of the learned Magistrate is received. The report of the learned Magistrate shows that the application has already been dismissed by he learned Magistrate. The grievance of the petitioner is that the said application filed under Sec.265 Cr.P.C. has not been disposed of by the learned Magistrate. 2. It is evident that the petitioner is not now interested in prosecuting this petition in view of the later order passed by the learned Magistrate. 3. This Crl.M.C. is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C.No. 3996 of 2008 -: 2 :- Crl.M.C.No. 3996 of 2008 -: 3 :- R. BASANT, J. ------------------------------------------------- Crl.M.C.No. 3996 of 2008 ------------------------------------------------- Dated this the 23rd day of October, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable under Secs.186 and 224 IPC. Cognizance has been taken on the basis of a complaint filed under Sec.340 Cr.P.C. by the Principal Munsiff, Kochi, represented by the Junior Superintendent. Cognizance has already been taken and the matter is pending before the learned Magistrate. At this stage, the petitioner filed an application under Sec.265A Cr.P.C. which has been numbered as Crl.M.P.No.1394/08. The short grievance of the petitioner is that no action has been taken so far by the learned Magistrate on the basis of the said application dated 28/4/08 which has been numbered as Crl.M.P.No.1394/08. The petitioner only prays that the learned Magistrate may be directed to pass appropriate orders on merits on such application. 2. The prayer of the petitioner does appear to me to be Crl.M.C.No. 3996 of 2008 -: 4 :- absolutely reasonable and legitimate. The learned Magistrate has to apply his mind and pass appropriate orders in the Crl.M.P. It is not necessary for me to go on merit into the said application under Sec.265A Cr.P.C. I am satisfied that the learned Magistrate must be directed to consider the prayer and pass appropriate orders. 3. Call for a report from the learned Magistrate. The learned Magistrate shall explain whether and what, if any, orders have been passed in Crl.M.P.No.1394/08. If no orders have been passed, I expect the learned Magistrate to consider the matter and pass appropriate orders as expeditiously as possible – at any rate, by 17/11/08, if there be no legal impediment. The report of the learned Magistrate must reach this Court by 18/11/08. Call on 19/11/08. (R. BASANT, JUDGE) Nan/ Crl.M.C.No. 3996 of 2008 -: 5 :-