IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.MC.No. 3202 of 2011 -------------------------------- CC.578/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA .................... PETITIONER/1ST ACCUSED: AJAYKUMAR T.S, S/O.THANKASWAMY, NEDIYAR PUTHUVALPURAYIDOM, NALLOORVATTOM, PLAMUTTUKADA PO, KULATHOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT/COMPLAINANT: STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAISURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3202/2011 ANNEXURE-I TRUE COPY OF THE FIR AND FIS IN CRIME 25/11 OF POZHIYOOR POLICE STATION IN THIRUVANANTHAPURAM DISTRICT ANNEXURE-II TRUE COPY OF THE FINAL REPORT IN CC 578/11 OF JFCM COURT-II NEYYATTINKARA ANNEXURE-III TRUE COPY OF THE ORDER R1(4)/45/08 DT. 25.3.11 ISSUED BY THE PSC TO THE PETITIONER /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3202 of 2011 ------------------------------------------- Dated this the 23rd day of September, 2011 ORDER Petitioner is the first accused in C.C.No.578/2011 of Judicial First Class Magistrate Court-II, Neyyattinkara. The offences charged against him are under Sections 341, 323, 324, 294(b) and 506(ii) read with Section 34 of Indian Penal Code. Learned counsel for the petitioner submits that petitioner, who is the first accused, was advised for recruitment to the post of Police Constable and that pendency of this criminal case will adversely affect his chance of getting selection/appointment order and that he will not be allowed to undergo the training. Learned counsel submits that learned Magistrate may be directed to dispose of the case within a particular time frame that may be fixed by this Court. 2. There may be old cases pending before that court. Hence, it may be difficult for the Magistrate to post the case out of turn. It is for the petitioner to explore the possibility of getting the matter settled. However, the petitioner can file a petition before the Magistrate to advance the hearing date and CRMC 3202/2011 2 then to apprise the learned Magistrate of the situation as mentioned above. Learned Magistrate will try to dispose of the case as far as possible within a period of three months from the date of receipt of a copy of this judgment, provided, all the witnesses are made available. The petition is disposed of as above. (N.K.Balakrishnan, Judge) tkv