IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 3863 of 2011() -------------------------------------- CC.414/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONER/ACCUSED NO.8 ------------------------------------------- ANWAR T.A., AGED 27 YEARS, S/O.ALI, THANIKKAPPILLY HOUSE, ERAYAMKUDI P.O., MAMBRA, KALLOOR THEKKUMURI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.K.J.MOHAMMED ANZAR, SRI.K.A.SHAMSUDEEN, SMT.BHAMA G. NAIR, SRI.V.K.MEETHIANKUNJU. RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT ------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION, THRISSUR DISTRICT -680 308. 2. NASSAR, S/O.MOHAMMED ALI, THURUTHIPARAMBIL HOUSE, MAMBRA, KALLOR THEKKUMURI VILLAGE, THRISSUR DISTRICT - 680 308. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3863 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-A1: COPY OF THE FIR IN CRIME NO.118/09 OF KORATTY POLICE STATION. ANNEXURE-A2 COPY OF THE CHARGE SHEET IN C.C.NO.414/2009 OF JMFC COURT, CHALAKKUDI. ANNEXURE-A3 COPY OF THE AFFIDAVIT OF THE DEFACTO COMPLAINT IN CRIME NO.118/2009 OF KORATTY POLICE STATION. ANNEXURE-A4 COPY OF THE ORDER OF THE COMMANDANT KAP 2 PALAKKAD DT.22-8-2011. ANNEXURE-A5 COPY OF THE ORDER IN WP(C) NO.11777/2011 OF THE HON'BLE HIGH COURT OF KERALA DT.8-8-2011. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3863 of 2011 ----------------------------------- Dated this the 13th day of December 2011 O R D E R Petitioner is the 8th accused in C.C.No.414/2009 of J.F.C.M., Chalakudi. The lerned counsel for the petitioner submits that the prosecution evidence was recorded long back. Accused were examined under Sec.313 Cr.P.C. and thereafter the case was posted for hearing. In the meanwhile, it was represented that there was a counter case and so, the case is kept pending. But the learned counsel for the petitioner submits that to the knowledge of the petitioner, there is no counter case. The petitioner seeks to have a disposal of the case at the earliest. The learned Magistrate will ascertain from the prosecution as to whether there is a counter case which has to be tried and disposed of simultaneouly with C.C.No.414/2009. If it is not actually a counter case, the disposal of C.C.No.414/2009 Crl.M.C. No.3863 of 2011 -: 2 :- need not be kept pending. If it is actually a counter case then the learned Magistrate will see that the case is tried as early as possible since C.C.No.414/2009 has been kept pending after the trial has been completed for quite long time. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt