IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 29008 of 2008(C) -------------------------- AGAINST THE ORDER DATED / / IN CMP 1135/2008 IN CRRP.63/2005 of ADDITIONAL DISTRICT COURT (ADHOC), MANJERI CC.424/2003 of C.J.M.,MANJERI (CMP 4166/2003) .................... PETITIONER(S): --------------- ANAKKAYAM SERVICE CO-OPERATIVE BANK LTD., NO.F 880, ANAKKAYAM, MALAPPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.P.P.JACOB SRI.M.MOHAMMED SALIH RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MAJERI, MALAPPURAM. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No. 29008 of 2008-C ------------------------------------------------- Dated this the 30th day of September, 2008 JUDGMENT The petitioner is the Secretary of the Anakkayam Service Co-operative Bank Ltd. Form 6B Registers (4 in number) were allegedly seized in C.C.No.424/03 pending before the Court of the Chief Judicial Magistrate, Manjeri. The trial in that case was over. The accused was acquitted. A challenge was raised before the Sessions Court and the Sessions Court has already disposed of the said revision petition – Crl.R.P.No.63/05. The petitioner approached the learned Additional Sessions Judge by Ext.P2 petition dated 21/7/08 to release the said registers which have not been marked in the case to the petitioner. That application has not been disposed of. The petitioner, in these circumstances, has come to this Court complaining about the failure to dispose of the said W.P.(c) No. 29008 of 2008-C -: 2 :- application dated 21/7/08 which is pending before the learned Additional Sessions Judge (Fast Track No.1), Manjeri. The election to the Society is to be conducted on 5/10/08 and the registers are badly required in connection with that election, it is submitted. 2. The matter is urgent. There is only one intervening working day i.e., 3/10/08. There is no time to direct the learned Public Prosecutor to take instructions and make his submissions. In these circumstances, I am satisfied that this writ petition can be disposed of with a specific direction to the Additional Sessions Court, Manjeri, to forthwith pass orders on Ext.P2 petition dated 21/7/08 which is said to be pending before it. Considering the urgency of the matter, notwithstanding the fact that Crl.R.P.No.63/05 has already been disposed of, I expect the learned Additional Sessions Judge (Fast Track No.1), Manjeri, to pass appropriate orders in the application on 3/10/08 itself. 3. Hand over a copy of this judgment to the learned counsel for the petitioner who may produce the same before the Fast W.P.(c) No. 29008 of 2008-C -: 3 :- Track court forthwith. The Registry shall forthwith convey the direction to the Presiding Officer over telephone. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge