IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 25222 of 2010(Q) ------------------------- PETITIONER : ----------------- BIJU BALAKRISHNAN, S/O.BALAKRISHNAN, KANJIRAMTHADATHIL HOUSE, ENCHATHOTTI, KUTTAMPUZHA, ERNAKULAM DISTRICT. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SMT.DHANYA CHANDRAN RESPONDENT(S): ------------------------ 1. THE SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. 2. JOSE MATHEW, MATHEKKAL HOUSE, ENCHATHOTTI, KUTTAMPUZHA, ERNAKULAM DISTRICT, PIN-686 691. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.25222 OF 2010 --------------------------------------------- Dated 6th October, 2010 JUDGMENT Petition is filed under Article 227 of Constitution of India for a direction to first respondent, Sub Divisional Magistrate, Muvattupuzha to dispose C.C.61/2008 initiated under Section 133 of Code of Criminal Procedure without further delay. 2. Learned Government Pleader was directed to get a report from the Sub Divisional Magistrate, Muvattupuzha why the proceedings under Section 133 of Code of Criminal Procedure is not being disposed. Learned Government Pleader on instructions submitted that some of the witnesses were already examined and final order under Section 138 of Code of Criminal Procedure could be passed without delay. Wpc 25222/10 2 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. By Ext.P3 order dated 4/6/2009 this Court directed the first respondent to dispose 133 proceedings in the light of the observations therein, expeditiously. Even though one year lapsed, final order under Section 138 of Code of Criminal Procedure is yet to be passed. In such circumstances, first respondent is directed to pass final order under Section 138 of Code of Criminal Procedure expeditiously, at any rate, within four months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE. uj.