IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 741 of 2011() ------------------------ CC.111/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ------------------------- SUDHEER, S/O.MEERA SAHIB, SAMEER MANZIL, VIDHYA GARDENS, T.C.NO.35/491, VALIYATHURA, THIRUVANANTHAPURAM. BY ADV. SRI.P.BABU KUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.741 of 2011 ==================================== Dated this the 09th day of March, 2011 O R D E R Petitioner is the first accused in Crime No.732 of 2010 of Valiyathura Police Station and C.C. No.111 of 2011 of the court of learned Judicial First Class Magistrate, Thiruvananthapuram. That case was registered on the complaint of C.W.1 that on 04.12.2010 at about 5.30 p.m. on account of questioning petitioner and others demolishing a portion of his compound wall, petitioner wrongfully restrained and criminally intimidated him and kicked on his abdomen while petitioners and others assaulted C.W.2 who tried to save C.W1. Police registered the above said case for offences punishable under Sections 341, 323, 294(b), 506(ii) and 427 read with Section 34 of the Indian Penal Code against petitioners and others. Annexure-A3 is the final report in the case. Learned Magistrate took cognizance of the said offence and filed C.C.No.111 of 2011 against petitioners and others. Petitioner now seeks to quash proceeding against him. 2. When the matter came up for hearing the only request made by learned counsel is that learned Magistrate may be CRL.M.C. No.741 of 2011 -: 2 :- directed to dispose of the case as expeditiously as possible having regard to Annexure-A2, letter dated 31.01.2011 from the Passport Authority directing petitioner to surrender his passport to that authority in view of pendency of C.C. No.111 of 2011. Learned counsel submits that pendency of the case would affect his livelihood on account of the direction from the Passport Authority. Crime was registered in the year 2010 and case was taken on file in 2011. Without understanding the volume of work of the court concerned and priority for disposal of old cases no such direction could be issued to the learned Magistrate. I make it clear that it is open to the petitioner to bring his difficulties before the learned Magistrate and seek early disposal of the case and if any such request is made learned Magistrate shall consider it and pass appropriate orders giving due regard to the difficulties of petitioner as well. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv