IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Crl.MC.No. 3412 of 2009 --------------------------------------- CP.84/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/ACCUSED: M.K.WAHAB, S/O MOHAMMED KUNHI HAJI, 19/94, RAMANTHALI AMSOM, VADAKKUMBAD. BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3412 of 2009 -------------------------- ORDER The case as against the petitioner was split up and refiled in the long pending register. Later, when petitioner surrendered on 16.10.2009, he was granted bail on conditions and the case is now pending as C.P. No.84/2009 on the file of Judicial First Class Magistrate's Court, Payyannur. Case of the petitioner is that he filed a petition before the learned Magistrate under Section 205 of Code of Criminal Procedure for personal exemption, another petition to advance the case and yet another petition for permission to go abroad and all those petitions stand posted to 27.10.2009. Grievance of the petitioner is that even though he filed another application to advance the case, it was also adjourned to 27.10.2009. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to consider the applications. 2. When the case as against the petitioner is to be committed and petitioner appeared before the learned Magistrate, I do not find any justifiable reason for CRMC 3412/09 2 the Magistrate not to commit the case immediately. Learned Magistrate should have committed the case on the appearance of the petitioner after furnishing him the necessary records as provided under Section 207 of Code of Criminal Procedure. When petitioner filed applications and they were posted to 27.10.2009 and another application was also filed for advancing the case stating that urgent orders are needed, learned Magistrate should have considered those applications and passed appropriate orders. 3. As the grievance of the petitioner is that learned Magistrate is not passing orders on the applications filed by him and posted them to 27.10.2009, necessary directions are to be issued. The petition is disposed directing Judicial First Class Magistrate, Payyannur to commit the case as against the petitioner immediately and also to pass appropriate orders in accordance with law, in all the applications filed by the petitioner without any delay. 22nd October, 2009 (M.Sasidharan Nambiar, Judge) tkv