IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 4292 of 2008(J) ------------------------- SC.492/2005 of ADDITIONAL DISTRICT COURT (ADHOC), TRIVANDRUM .................... PETITIONER: ------------ NAZIR, S/O. MUHAMMED ISMAIL, ETTIVILA VEETTIL, KUMMIL VILLAGE, THACHONAM DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, HIGH COURT CAMPUS, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. BY G.P. SRI. GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No. 4292 OF 2008-J ------------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The petitioner, along with another, faces indictment in a prosecution under Sec.307 of the IPC. Altogether, there were 3 accused persons originally. One of them – a juvenile, was sent up before the Juvenile Justice Board/learned Chief Judicial Magistrate. Proceedings against him has come to an end. Only two accused persons now survive. Both of them have appeared before the learned Sessions Judge/Fast Tract Court-I. 2. The learned counsel for the petitioner submits that though the charges were framed already under Sec.307 of the IPC, the victim has suffered only superficial injury and there is no substance or merit in the allegation raised under Sec.307 of the IPC. The learned counsel for the petitioner further W.P.(c) No. 4292 OF 2008 -: 2 :- submits that the matter has been settled between the victim and the accused persons and that composition shall be reported to the learned Judge. The petitioner submits that he - a young man aged 29 years, has secured employment abroad and unless the case is disposed of, he will not be able to grab that opportunity for employment abroad. In these circumstances, the petitioner makes a short request that there may be an expeditious disposal of S.C.No.492/05 pending before the Additional Sessions Court (Fast Track-I), Thiruvananthapuram. The petitioner agrees to appear before the learned Judge with all non-official witnesses and to file a proper application for composition duly singed by the accused persons and the alleged victim. 3. A report of the learned Additions District & Sessions Judge was called for. The learned Additional District & Sessions Judge reports that there has been no unnecessary adjournments and that the case can be disposed of in the month of May 2008 itself. 4. Having considered all the relevant circumstances, I am satisfied that there can be a direction to the learned Judge to dispose of the case in the peculiar facts and circumstances of this case. The petitioner shall appear before the learned Additional District & Sessions Judge on 19/2/2008 with a copy of W.P.(c) No. 4292 OF 2008 -: 3 :- this judgment. The learned Judge shall forthwith post the case for trial and ensure that the case is disposed of by the 28th of February 2008 itself. Compliance shall be reported to this Court. 5. This writ petition is accordingly allowed to the above extent. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge