IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 Crl.MC.No. 4809 of 2010() ------------------------- CC.134/2010 of JUDICIAL FIRST CLASS MAGISTRATE-II, ALUVA .................... PETITIONER(S): ACCUSED: ----------------------- 1. NIGESH, AGED 23 YEARS, S/O.BALAKRISHNAN, THUSAHARAM (H) BANGARA, MADAYI, KANNUR DISTRICT. 2. JAYESH MATHEW, AGED 23 YEARS, W/O.MATHEW, PARAYIL (H), RAJAPURAM, KANNAR, KASARAGOD DISTRICT. 3. SUMED, AGED 23 YEARS, S/O.SUDHAKARAN, ILLATH (H), EDAKKAD, PUTHIYANGADY, KOZHIKODE DISTRICT. 4. DEEPAK, AGED 22 YEARS, S/O.DAMODAHARAN, EDASHERY (H), EDAKADU, THANAVOOR, MALAPPURAM DISTRICT. 5. PRIYADARSHAN, AGED 23 YEARS, S/O.BALAKRISHNAN, SREEVALSAM (H), PERATHYUM KARA, PALLUR, KASARGODE DISTRICT. 6. RATHEESH, AGED 24 YEARS, S/O.RADHAKRISHNAN NAIR, VALLYATHU PUTHEN VEETIL, MUTHUVELANGATU KIZHAKKU, SHASTHAMKOTTA, KOLLAM DISTRICT. 7. SANDHEEP, AGED 22 YEARS, S/O.RAGHAVAN, ALAYIL (H), VENNUR THERUVU, VELLUR, KANNUR DISTRICT. 8. MITHUN, AGED 22 YEARS, S/O.MOHANAN, SHANTHALAYAM (H), NAD KAVLA, EDTHALA, ALUVA, ERNAKULAM DISTRICT. 9. SUNITHA, AGED 24 YEARS, D/O.CHANDRAN, VITHAKKITHALAPADI (H), MEKKADU, ANGAMALY, ERNAKULAM DISTRICT. CRL.MC NO.4809/2010 2 10. RUPITA CHAND, AGED 23 YEARS, D/O.BALACHANDRAN, `HARI' (H), ANISHERY, VALAMBOOR, MAZHUVANNOOR, ERNAKULAM DISTRICT. 11. ABIVANDYA, AGED 23 YEARS, D/O.GOPI, ANNAKUZHI (H), NEERKUZHI, MANEED, ERNAKULAM DISTRICT. 12. VIDYA, AGED 24 YEARS, D/O.TRIVIKRAMAN ACHARY, AMBIKA BHAVAN (H), CHITTAR, CHERANALLUR, ERNAKULAM DISTRICT. 13. SHUBHA, AGED 22 YEARS, D/O.VISHNU NAMBOOTHIRI, ANKARUTHAYI MANAYIL (H) NANGATTIRI, THRITHALA, PALAKKAD DISTRICT. 14. DILNA GOPINATH, AGED 22 YEARS, D/O.GOPINATH, NAVAMI (H), EDATTU, THRIKKARPOOR, KASARGODE DISTRICT. 15. ANJALY MENON, AGED 23 YEARS, D/O.RANJITH KUMAR, SREENILAYAM (H), EREZHA THEKKU, PERINGALA, ALAPPUZHA DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT & DEFACTO COMPLAINANT: ------------------------------------------------- 1. STATE OF KERALA REP.BY THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, ERNAKULAM. 2. CHANDRAMOHAN KUMAR, THE REGISTRAR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KALAMASSERY, ERNAKULAM-682 022. 3. PRASHOB, S/O.PADMANABHAN, CHOYINTAKADU VEETIL MERUVAMBAYI, KANDAMKUNNU, KANNUR DISTRICT, PIN-670 001. 4. RAKHI, D/O.GOPALAKRISHNAN, ATAMKAVIL, VILLADAM, VILVATTAM, THRISSUR DISTRICT-680 001. 5. GOLBIN, S/O.THATEVOUSE, KUZHIKATTAM PALLI, PALLIPPURATHUSSERY, VAIKOM, KOTTAYAM DISTRICT-686 141. 6. JIBEESH, S/O.VENU, PUTHAN PARAMBIL (H), POTHUNDI P.O., NENMARA VALLANGI, PALAKKAD DISTRICT-678 508. CRL.MC NO.4809/2010 3 7. NEETHU, D/O.JANARDHANAN, SAFALYAM (H), KACHERY, KOZHIKODE-673 001. 8. BENSI BENEDICT, D/O.BENADICT VADAKKAN (H), ENAMAVU, VENKIDANG, THRISSUR DISTRICT-680 510. 9. NICKSON K.JOHN, S/O.JOHN, KOCHPURAKKAL, CHATHARI, NADAMAL, TRIPUNITHARA, ERNAKULAM DISTRICT-682 301. 10. DRISHYA O.BALAKRISHNAN, D/O.BALAKRISHNAN, OTTSAPACKIL (H), KADANGODU, TALAPPALLY, THRISSUR DISTRICT-680 001. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4809 of 2010 -------------------------------------- Dated this the 4th day of January, 2011. ORDER Petitioners are accused in C.C.No.134 of 2010 of the court of learned Judicial First Class Magistrate-II, Aluva. They are chargesheeted for offence punishable under Section 4 of the Kerala Prohibition of Ragging Act, 1998. Petitioners say that since the trial of the case is being prolonged, it affects their future. Petitioners want a speedy disposal of the case. 2. Report of learned Judicial First Class Magistrate-II, Aluva was called for. Learned Magistrate has reported the difficulty faced in the disposal of the case in that the witnesses cited and to be examined by the prosecution are mostly either teachers or students of the University concerned and on account of the academic schedule in the University presence of the witnesses could not be procured. It is reported that there are altogether 15 witnesses cited by the prosecution of whom 14 are material witnesses, last one being the Investigating Officer. It is further reported that the case now stands posted on 24.01.2011, summons having been issued to CWs 1 to 3. 3. Learned counsel requested that learned Magistrate may be directed to expedite the trial and disposal of the case since it would otherwise affect the future of the petitioners. I have heard learned Public Prosecutor also. Crl.M.C.No.4809/2010 2 4. In the circumstances reported by the learned Magistrate I do not consider it possible to direct any time bound disposal of the case. At the same time the agony of petitioners has also to be borne in mind. There must be culmination for the proceedings. Hence I direct learned Judicial First Class Magistrate-II, Aluva to dispose of the case as expeditiously as possible if necessary giving only short adjournments for examination of the witnesses. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks