IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 9303 of 2008(G) ------------------------- CC.1009/2005 of J.M.F.C., SASTHAMCOTTA .................... PETITIONER: ------------ SURENDRAN NAIR,S/O. RAMAKRISHNAN NAIR PUNTHALAZHIKATHU VEEDU, KUNNATHUTHURNADUVILEMURI KUNNATHOOR TALUK,KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENTS: ------------- RAJESH,S/O. VAMADEVAN S.N.V. SADANAM, KANNATHUR KIZHAKKE MURI KUNNATHOOR TALUK, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT LEARNED COUNSEL FOR THE PETITIONER SUBMITS THAT AFTER THIS COURT PASSED THE ORDER ON 27.3.08 THE ACCUSED HAS ALREADY BEEN APPREHENDED. TRIAL HAS ALREADY COMMENCED. THE MATTER STANDS AT THE STAGE OF S.313 QUESTIONING OF THE ACCUSED AND THAT IN THESE CIRCUMSTANCES NO FURTHER DIRECTIONS ARE NECESSARY. 2. I AM SATISFIED CONSIDERING THE SUBMISSIOINS MADE AT THE BAR BY THE LEARNED COUNSEL FOR THE PETITIONER THAT NO FURTHER DIRECTIONS ARE NECESSARY IN THIS WRIT PETITION AS THE PETITIONER HAS VIRTUALLY OBTAINED THE RELIEF WHICH HE HAS CLAIMED. 3. THIS WRIT PETITION IS HENCE DISMISSED AS UNNECESSARY. 22.5.2008 SD/- R. BASANT, JUDGE /TRUE COPY/ P.A. TO JUDGE R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 9303 OF 2008 G ```````````````````````````````````````````````````` Dated this the 27th day of March, 2008 O R D E R The short grievance of the petitioner, a senior citizen aged about 65 years, is that the complaint filed by him alleging commission of the offence punishable under section 138 of the Negotiable Instruments Act, though filed as early as in 2005, is not being disposed of by the learned Magistrate. The case is simply adjourned from one posting date to the other. He prays for an early disposal of his case. 2. The learned counsel for the petitioner prays that there may be a direction for early disposal. 3. The request of the petitioner does appear to me to be most legitimate. The compassion of the system in favour of the senior citizens is reflected clearly in the administrative orders passed by this Court directing expeditious disposal of cases involving senior citizens. I expect the learned WPC.9303/08 : 2 : Magistrate to imbibe that compassion and dispose of the case as expeditiously as possible. 4. Call for a report from the learned Magistrate about the steps taken for disposal of the petitioner's case. I need only mention that I expect the Magistrate to dispose of the case at the earliest. Such report must reach this Court by 21.5.08. Call n 22.5.08. 5. Hand over copy of this order to the learned counsel for the petitioner to immediately produce the same before the learned Magistrate. (R.BASANT, JUDGE) aks