IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 34334 of 2009(Q) -------------------------------------- CC.369/2004 of JUDICIAL FIRST CALSS MAGISTRATE COURT -I, ALUVA .................... PETITIONER(S): --------------------- ABDUL RAHIMAN, S/O.MOHAMMED CHERUVINPEEDIKAYIN VEEDU, THALASSERY POST TALAPILLY TALUK, THRISSUR DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI MR.R.SREEHARI RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE,ANGAMALY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ,ERNAKULAM 2. MR.JOHNSON, S/O. THOMAS PELLISSERY HOUSE, VAZHAKODE, MULLURKARA, THRISSUR DISTRICT. R1 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.34334 OF 2009 ------------------------------------------ Dated 15th December 2009 JUDGMENT Petitioner, the accused in C.C.369/2004 on the file of Judicial First Class Magistrate-I, Aluva filed this petition for a direction to the Magistrate to dispose the case within a time frame contending that even though the case is pending for disposal from 2004 onwards, it is not being disposed. A report was called for from the learned Magistrate. Report reveals that petitioner is facing trial for the offences under Sections 279, 337, and 304 A of Indian Penal Code on the allegation that he was the driver of the vehicle, on 30/9/1989. After cognizance of the offences were taken and while the case Wpc 34334/09 2 was pending for trial petitioner absconded. He later surrendered on 8/7/1997 and case was re-filed as C.C.430/1997. PW1 was examined on 17/3/1998 and thereafter the petitioner again absconded. He later surrendered on 11/3/2004 and therefore, the case was re-filed as C.C.369/2004. PW2 was examined and case was posted to 15/12/2009 for examination remaining witnesses. It is reported that as the other witnesses did not appear, non bailable warrants were issued. Learned Magistrate submitted that it is under such circumstances, the case is not being disposed. 2. When the offence is alleged to have been committed on September, 1989, interest of justice warrants to dispose the case expeditiously. Though it could be said Wpc 34334/09 3 that the petitioner was also partly responsible for the delay, interest of justice warrants that case shall not be protracted further. Judicial First Class Magistrate-I, Aluva is directed to dispose C.C.369/2004 as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE. uj.