IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4265 of 2008(A) -------------------------------------- CC.590/2003 OF JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER/ DEFACTO COMPLAINANT: --------------------------------------------------------- RAZIYA ASHARAF SAYYED, W/O.CHERKKARA ASHARAF SAYYED, CHERKKARA HOUSE, (AL-AIDROUSIA), MUDIKKODE, PATTIKKADU P.O., THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL, ADV. SRI.BABU S. NAIR. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN- 682 018. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. No.4265 of 2008 ------------------------------------- Dated this the 1st day of December, 2008 ORDER The learned counsel for the petitioner submits and the report of the learned Magistrate reveals that the grievance of the petitioner does not survive now, she having already been examined as PW1 on 24.11.08. 2. This Crl.M.C is accordingly dismissed as unnecessary now. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.4265 of 2008 2 R.BASANT, J ------------------------------------ Crl.M.C. No.4265 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER Petitioner is the defacto complainant in a prosecution for offences punishable, inter alia, under Section 506 (1) r/w 149 I.P.C. The petitioner was summoned to appear on 16.09.08 and tender evidence. The petitioner had appeared before court dutifully on 16.09.08. But the petitioner has not been examined. The petitioner, a woman, is residing permanently abroad and she has come down all the way in due deference to the summons issued by the court. The petitioner submits that the case stands posted to 24.11.2008. She has to return to her present place of residence. If the case is not taken up at least on that date, that Crl.M.C. No.4265 of 2008 3 would cause great hardship and difficulties to the petitioner. In these circumstances the specific prayer is that the learned Magistrate may be directed to dispose of the case as expeditiously as possible and at any rate she may be directed to be examined at least on 24.11.2008, so that she can return to her present place of residence. 2. Call for a report from the learned Judicial Magistrate of the First Class-III, Trichur. The plea of the petitioner appears to be reasonable and legitimate. Her request that she, who resides abroad, may be examined and allowed to leave this country, deserves sympathetic consideration. 3. The report of the learned Magistrate must reach this Court by 01.12.2008. I need only mention that I expect the learned Magistrate, if there is no insurmountable legal obstacle, to examine the petitioner on 24.11.2008 and if that be not possible, on one of the immediately following dates and report to me by 01.12.08 that the petitioner's examination is over and she is at her liberty to return to her place of present residence. Crl.M.C. No.4265 of 2008 4 4. Await report of the learned Magistrate. Call on 01.12.2008. (R.BASANT, JUDGE) rtr/-