IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Crl.MC.No. 958 of 2011() ---------------------------------- (CMP.NO.14122/2010 IN CC.NO.1499/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS-III, PUNALUR) .................... PETITIONER(S): 1ST ACCUSED IN CC NO.1499/10 ----------------------------------------------------------------------- SHIHAB MAJEED, S/O. ABDUL MAJEED, ADHEENA MANZIL, NADUKKUNNU MURI, PATHANAPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.958 of 2011 --------------------------------------- Dated this 25th day of March, 2011 ORDER Petitioner is the first accused in C.C.No.1499 of 2010 of the Court of learned Judicial First Class Magistrate-III, Punalur for offence punishable under Sec.498A r/w Sec.34 of the Indian Penal Code. When the remaining accused were tried, petitioner was not available according to the petitioner, as he was employed abroad. Later he surrendered in Court and was released on bail subject to the conditions that he shall surrender his passport and would not leave the country until disposal of the case. Learned counsel seeks a direction for early disposal of the case and also to grant benefit of Sec.299(1) of the Code of Criminal Procedure (for short, "the Code”). Learned counsel submitted that in the circumstances in which petitioner is placed expeditious disposal of the case is necessary. 2. So far as grant of benefit under sec.299(1) of the Code is concerned, it is open to the petitioner to make a request to the learned Magistrate in that regard and it is for the learned Magistrate to decide on that matters as provided under law. 3. Without understanding the volume of work of the Court concerned I do not think it necessary to issue any direction Crl.M.C.No.958 of 2011 -: 2 :- for time bound disposal of the case but having regard to the apprehension of petitioner that he may loose his job abroad I make it clear that it is open to the petitioner to request learned Magistrate to expedite disposal of the case and if any such request is made, learned Magistrate shall consider that request and pass appropriate orders. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-