IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3139 of 2010() ------------------------- CC.267/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONERS: ACCUSED 2 AND 3: ------------------------------- 1. USHA, W/O.CHANDRAN, AGED 42, SHAHANA NIVAS, PANOOR, THALASSERY. 2. VENUGOPAL, S/O.KUNJIRAMAN, AGED 49, SREYAS, PANOOR, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.P.K.RAKESH KUMAR RESPONDENTS: FORMAL PARTY/COMPLAINANT --------------------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3139 of 2010 ---------------------------------------- Dated this the 18th day of August, 2010 ORDER The petitioners who are accused Nos.2 and 3 in C.C.No.267/2007 on the file of the Chief Judicial Magistrate, Kollam for an offence punishable under Section 420 read with Section 34 I.P.C. seek an early disposal of the said case. The trial of the case started on 14/6/2010 with the framing of the charge and CWs.4, 1 & 7 were examined as PWs.1 to 3 and Exts.P1 and P2 were marked. PWs.3 was examined on 12/2/2010. Eventhough CW.2 was present on 8/1/2010 he was not examined on that day and he was bound over to 18/2/2010. It was again adjourned to 18/3/2010 on which day CWs.2 and 3 were absent and applied and the case stands posted to 23/9/2010. 2. This is a case where the learned Magistrate has forgotten the rule of day-to-day trial. Staggered recording of evidence does not serve any purpose and Crl.M.C.No.3139/2010 : 2 : witnesses are bound to forget facts and events and may also exhibit an hostile attitude. It is to be borne in mind that speedy trial is a constitutional requirement and fairness should not be to be shown to the prosecution but also to the defence, Hence the Chief Judicial Magistrate shall finally dispose of the above C.C. case expeditiously and at any rate, within a period of three months of receipt of a copy of this order. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj