IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 1903 of 2008() ------------------------- AGAINST THE ORDER IN CRMP 3645/2008 IN CC.68/2007 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: PETITIONER/ACCUSED ------------------------------ NANDAKUMAR,AGED 49 YEARS, S/O.VISWANATHA PAI,AZAD ROAD, PATTERIPURAM,ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.1903 of 2008 ------------------------------------- Dated this the 27th day of May, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 380 I.P.C. The matter has reached the stage of trial. When the principal witnesses were examined, the petitioner pointed out that a petition filed by him, calling for documents, which documents, according to him, are necessary for a proper and effective cross examination of the principal witnesses, is still pending and the same has not been disposed of. The petitioner thus came to this Court during the vacation making this complaint. The vacation Court directed interim stay and has posted the matter to this day. 2. According to the petitioner, Crl.M.P.No.3645 of 2008 is the petition pending before the learned Magistrate. I am satisfied that a direction can be issued to the learned Magistrate to dispose of C.M.P.No.3645 of 2008, if the same has not already been disposed of and to start trial only after the said petition is disposed of and necessary action is taken on the basis of the order in the said petition. Crl.M.C No.1903 of 2008 2 3. This Crl.M.C is accordingly allowed in part to the above extent. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-