IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4890 of 2008() ------------------------- C.C.NO.67/03 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATES COURT, THIRUVANANTHAPURAM PETITIONER(S): A3; ------------------ VENUGOPALAN NAIR, AGED 49, S/O.NARAYANA PILLAI, AMBADI HOUSE, ATTUKAL KEEZHATHIL LANE, ATTUKAL WARD, ATTUKAL VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLICL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4890 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioner faces indictment in a prosecution for the offence punishable under the provisions of the Immoral Traffic (Prevention) Act. The petitioner had come to this Court earlier seeking quashing of proceedings. That application was disposed of by Annexure-B. The petitioner appeared before the learned Magistrate and claimed discharge under Section 239 Cr.P.C. That prayer has not been considered and the case has been posted to June, 2009. 2. The petitioner is aggrieved by the omission/failure of the learned Magistrate to consider the prayer for discharge. However, the learned counsel for the petitioner fairly submits that the court of the learned Additional Chief Judicial Magistrate, Trivandrum is over burdened with cases and the petitioner will be satisfied if there is a direction that the plea for discharge must be considered on the next date of posting though it happens to be posted to June, 2009. I need only mention that the learned Magistrate must zealously ensure that the petitioner's Crl.M.C. No.4890 of 2008 2 plea for discharge is considered and appropriate decision is taken at least on the next date of posting, which is said to be in June, 2009. 3. With the above observations, this Crl.M.C is dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-