IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Crl.MC.No. 691 of 2011() ----------------------------------- CMP.413/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): DE FACTO COMPLAINANT ---------------------------------------------------------- K.NIRMALA,W/O. BHARATHAN,AGED 49 YEARS, RESIDING AT MANJAKUNNUMMAL HOUSE,MAVILAYI AMSOM CHERUMAVILAYI DESOM , KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): ACCUSED NO.2 & STATE --------------------------------------------------------------- 1. P.ROHINI,W/O.LATE KUMARAN, AGED 66 YEARS ROHINI NIVAS, ANDALOOR, PO PALAYAD, THALASSERY, KANNUR DISTRICT, PIN 670 001. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,PIN 682 031. R1 BY ADV. SRI.O.D.SIVADAS R2 BY PUBLIC PROSECUTOR SRI.M.R.VENOGOPAL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.691/2011 APPENDIX PETITIONER'S ANNEXURES ANNEXURE A1:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT AND FIR IN CROME NO.41/2010 OF EDAKKAD POLICE STATION. ANNEXURE A2:- COPY OF THE AGREEMENT DTD. 23.8.2007 EXECUTED BETWEEN THE IST RESPONDENT HEREIN AND THE PETITIONER. ANNEXURE A3:- COPY OF THE COMMON ORDER DTD. 27.2.2010 IN CMP. NO.413/2010 AND 504/2010 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY IN CRIME 41/2010 OF EDAKKAD POLICE STATION. ANNEXURE A4:- COPY OF THE JUDGMENT DTD. 29.3.2010 IN CRL.MC. 747/2010 ON THE FILE OF THE HONOURABLE HIGH COURT OF KERALA. ANNEXURE A5:- COPY OF THE LIST OF DOCUMENTS DTD. 22.4.2010 FILED BY THE PETITIONER IN CMP. 504/2010 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. ANNEXURE A6:- COPY OF THE LIST OF WITNESSES DTD. 20.4.2010 IN CMP. 504/2010 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. ANNEXURE A7:- COPY OF THE COMMON ORDER DTD. 30.4.2010 IN CMP. 504/2010 AND CMP. 413/2010 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. ANNEXURE A8:- COPY OF THE ORDER DT. 31.5.2010 IN CRL.MC. 1655 ON THE FILE OF HIGH COURT OF KERALA. ANNEXURE A9:- CERTIFIED COPY OF THE COMMON ORDER DTD. 31.12.2010 IN CMP. 504/2010 AND CMP. 413/2010 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 691 of 2011 - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned counsel for the State. None appears for respondent No.1. 2. The petitioner has challenged in this case the order dated 31.12.2010 in C.M.P. Nos. 413 & 504 of 2010 passed by the Additional Chief Judicial Magistrate, Thalassery in Crime Case No. 41 of 2010 of Edakkad Police Station rejecting an application under Section 451 Cr.P.C. I am not inclined to entertain this application at this stage. The learned counsel for the petitioner states that in the meantime the charge sheet has been laid and the case is ready for trial. If that be so, the petitioner shall file an application before the trial court to expedite the trial of the case. The learned Magistrate shall do well to dispose of the case within a reasonable time preferably within six months. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv