IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2345 of 2008() ------------------------- CC.523/2000 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: 8TH ACCUSED ----------------------- C.RAJAGOPAL, S/O.G.CHELAPPAN PILLAI PADMA, TC.9/164-1, O STREET, JAWAHAR NAGAR, KAWADIYAR, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.SHAJI RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SABU GEORGE, S/O.VARKEY, KARIPPAMATTATHIL HOUSE, EDAMATTAM PO., KOTTAYAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2345 of 2008 ------------------------------------- Dated this the 7th day of July, 2008 ORDER The short grievance of the petitioner is that a prosecution, in which the trial had commenced in the year 2000, the incident in which case had taken place in 1997 and crime was registered in 1996, is dragging on without seeing the light of the end of the tunnel The petitioner has in this Crl.M.C raised allegations against the manner in which trial is being conducted by the Special Prosecutor. He only prays that there may be a direction for expeditious disposal of the case. The petitioner is the accused in the case. 2. Report of the learned C.J.M before whom the case is pending was called for. The learned C.J.M reports that there was no laches on the part of the court or the prosecutor in the proper and efficient conduct of the case but on account of reasons which were not within the control of the court and the parties the matter had dragged on. However, the learned C.J.M has undertaken that the case shall be disposed of by 30.08.08. 3. The learned counsel for the petitioner submits that the prospects of the petitioner in employment - he is due for a promotion, will be affected prejudicially if the case is not disposed of by the first week of August, 2008. In these circumstances, he Crl.M.C. No.2345 of 2008 2 prays that there may be a direction to dispose of the case as expeditiously as possible - at any rate by the 1st week of August, 2008. The learned counsel for the respondent/defacto complainant asserts that there was no want of any serious effort on the part of the Prosecutor or the defacto complainant and it may be made clear that allegations to that effect in the Crl.M.C are not being accepted by this Court. 4. This Crl.M.C is, in these circumstances, dismissed accepting the submission of the learned C.J.M, Thiruvananthapuram that the case shall be disposed of by 30.08.08. I take note of the submission of the learned counsel for the petitioner and observe that the learned Magistrate must make every endeavour to dispose of the case as expeditiously as possible - if possible, by the first week of August, 2008 as requested by the learned counsel for the petitioner. At any rate, the case must be disposed of by 30.08.08 and compliance shall be reported to this Court. I make it absolutely clear that I have not intended to express any opinion or conclusion that the defacto complainant or the Special Prosecutor was in any way responsible for the delay in the disposal of the case. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2345 of 2008 3 R.BASANT, J ------------------------------------ Crl.M.C. No.2345 of 2008 ------------------------------------- Dated this the 20th day of June, 2008 ORDER The plight of the petitioner certainly deserves sympathy. He faces indictment in a prosecution for offences punishable, inter alia, under Section 120 B I.P.C. The alleged incident took place in 1993. The crime was registered in 1996. Trial started in the year 2000. The case has not been disposed of though about 8 years have elapsed from the commencement of the trial. The learned Crl.M.C. No.2345 of 2008 4 counsel for the petitioner submits that though court has been making active efforts to dispose of the case, the defacto complainant is causing difficulties and the court is hence unable to complete the trial and close the proceedings. 2. I am satisfied that a report must be called for from the learned Magistrate as to why the trial which is said to have commenced in 2000 not brought to termination yet. The report of the learned Magistrate must reach this Court by 07.07.08. I expect the learned C.J.M to ensure completion of the proceedings as expeditiously as possible. The petitioner laments that a very crucial promotion in service may be denied to him for the mere pendency of this proceedings against him. The learned Magistrate must report to this Court the period of time within which the case can be brought to final termination. 2. Await report. Call on 07.07.08. 3. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-