IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 27970 of 2010(Q) ------------------------- CC.1196/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – 1, ALUVA CRIME NO. 1519/10 OF ALUVA POLICE STATION, ERNAKULAM ........... PETITIONER : ----------------- BHAGAVATHY,AGED 56 YEARS,W/O.MAHENDRAN, MARIYAMMAN KOVIL,VALAKANDASSERI, NAGARKOVIL DISTRICT. BY ADV. SRI.M.J.SANTHOSH RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF CENTRAL PRISON, VIYYOR – 683 104. 2. THE SUPERINTENDENT OF SUB JAIL, ERNAKULAM - 31. 3. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION 683 101. 4. THE STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ALUVA POLICE STATION, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM - 31. R1 TO R4 BY ADDL. D.G.P. SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.27970 of 2010 Q -------------------------- JUDGMENT Petitioner, the mother of accused 1 and 2 in Crime No.1519/2010 of Aluva Police Station, filed this petition under Articles 226 and 227 of Constitution of India for a writ of mandamus directing respondents 1 to 3 to take necessary steps to produce accused 1 to 3 before trial court, so that the case could be disposed without delay. Petitioner would contend that first accused is five months pregnant and though the case is ripe for trial and posted for examination of the witnesses, evidence could not be recorded as the accused were not produced from jail on repeated posting dates and therefore, a direction is to be issued. 2. A report was called for from Judicial First Class Magistrate-I, Aluva. The report of the learned Magistrate shows that after framing charge on 22.9.2010, the case is posted for recording the WPC 27970/10 2 evidence by issuing summons to CWs 1 to 4 to 6.10.2010 and the evidence could not be recorded as accused were not produced before the court. It is also submitted that though the case was posted on 15.7.2010, 19.7.2010, 27.7.2010, 2.8.2010, 10.8.2010, 13.8.2010, 16.8.2010, 20.8.2010, 27.8.2010, 31.8.2020 and 14.9.2010, the accused were not produced and when explanation of the Superintendent, Central Prison, Viyyur was obtained, it revealed that it was for want of woman police escort, which was not made available by the Station House Officer, Aluva, the accused were not produced before the court. Learned Magistrate stated that there is no impediment for disposing the case within a time frame. 3. Learned Additional Director General of Prosecutions submitted that there will not be any failure to produce the accused from judicial custody for want of escort and direction would be issued to dispose the case. WPC 27970/10 3 Petition is disposed directing Judicial First Class Magistrate-I, Aluva to dispose C.C.No. 1196/2010 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that accused shall be produced on all the posting dates and learned Magistrate shall not adjourn the case unnecessarily. Issue a copy to the Public Prosecutor. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv