IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 22560 of 2009(Q) --------------------------------------- C.M.P.3943/2008 OF JUDL. FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR. ..................... PETITIONER(S): --------------------- M.P. CHOTHY, ADV., AGED 59 YEARS, S/O.PAINKAN, PUTHENVEETTIL, IRINGOLE KARA, IRINGOLE P.O., NOW RESIDING AT P.M.C.14/17, IRINGOLE KARA, PERUMBAVOOR VILLAGE, ERNAKULAM DIST, IRINGOLE P.O., PIN 683 548. BY ADV. MR.M.P.CHOTHY (PARTY IN PERSON) RESPONDENT(S): ----------------------- 1. PADMAVATHY, AGED 75 YEARS, W/O.SREEDHARAN, MEPRATHUMALI HOUSE, IRINGOLE KARA, PERUMBAVOOR VILLAGE, ERNAKULAM DISTRICT, IRINGOLE P.O., PIN 683 548. 2. THE LAW DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.22560 of 2009 Q -------------------------- JUDGMENT This petition is filed under Articles 226 and 227 of Constitution of India to set aside Exhibit P7 order, posting of the case from 4.7.2009 to 16.2.2010 contending that being a committal case, learned Magistrate should not have adjourned the case to February 2010 in July 2009. 2. A report was called for from the Magistrate. Report of the Magistrate shows that there were altogether 8507 cases pending therein and the roll call itself could be finished only by 12.30 p.m. on each day and therefore, the cases are being posted after a gap of months and as the accused did not appear, non bailable warrant was issued and the case was posted to 16.2.2010. 3. Though petitioner submitted that learned Magistrate should have committed the case without granting such adjournment, the case could be WPC 22560/09 2 committed to the Sessions Court as provided under Section 209 of Code of Criminal Procedure only after the appearance of the accused before the Magistrate. When the accused did not appear, it cannot be committed. When the accused did not appear, Magistrate issued non bailable warrant and posted the case to 16.2.2010. Considering the number of pending cases, it cannot be said that posting the case to such a longer date is not justified. If all the cases are posted without considering the number of cases pending, Magistrate cannot function, as except calling work, Magistrate cannot transact any other work. Viewed in that angle, I find no reason to interfere with Exhibit P7. Learned Magistrate to commit the case immediately on the appearance of the accused before him. Petition is dismissed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv