IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 19544 of 2008(B) -------------------------- CC.538/2007 of J.M.F.C.-II, KOLLAM .................... PETITIONER: ------------ 1. MANJUNATH, S/O JAYADEVAN, AGED 39 YEARS,MAYOORAM VEEDU, UDAYAMARTHANDAPURAM CHERRY, MUNDACKAL EAST VILLAGE,KOLLAM. 2. JAYADEVAN,AGED 79 YEARS, MAYOORAM VEEDU,UDAYAMARTHANDAPURAM CHERRY, MUNDACKAL EAST VILLAGE,KOLLAM. 3. PADMINIKUTTY, AGED 75 YEARS, MAYOORAM VEEDU,UDAYAMARTHANDAPURAM CHERRY MUNDACKAL EAST VILLAGE,KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENTS: ------------- 1. ASHA S.M., AGED 36 YEARS, D/O SUBHASHINI, KANJIRATHUMMOOTTIL, KOTTACKERATHU CHERRY, PARIPALLY VILLAGE, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.19544 of 2008 ------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T The short grievance of the petitioners, who are the husband of the defacto complainant and her father in law and mother in alw aged 79 years and 75 years respectively, is that a prosecution under Section 420 I.P.C in which cognizance was taken as early as in 2003 which was transferred and re-numbered in 2007, has not been disposed of even now. Considering the advanced age of petitioners 2 and 3, it is prayed that the proceedings may be directed to be disposed of expeditiously without infliction of any further trauma on petitioners 2 and 3. Report of the learned Magistrate was called for. The learned Magistrate in the report submits that enquiry under Section 244 Cr.P.C has not commenced yet. The learned Magistrate prays for 6 months' further time to dispose of the case. 2. I am certainly satisfied that notwithstanding the fact that the case now bears the number of a case of 2007, the same has been pending for a long period of time and every effort must now be made by the learned Magistrate to dispose of the same expeditiously. W.P(C). No.19544 of 2008 2 3. In the result, this Writ Petition is allowed. It is directed that the learned Magistrate shall make every endeavour to dispose of the case as expeditiously as possible - at any rate, within a period of 4 months from the date on which a copy of this judgment is placed before the learned Magistrate. 4. Issue copy of this judgment to the learned counsel for the petitioner forthwith. Compliance shall be reported to this Court. 5. Considering the age of petitioners 2 and 3, it is directed that the learned Magistrate must not insist on the personal presence of the said petitioners and they must be permitted to be represented by their counsel unless the progress of the case demands such personal appearance of those petitioners. (R.BASANT, JUDGE) rtr/- W.P(C). No.19544 of 2008 3 W.P(C). No.19544 of 2008 4 R.BASANT, J ------------------------------------ W.P(C). No.19544 of 2008 ------------------------------------- Dated this the 30th day of June, 2008 ORDER The short grievance of the petitioners, which include two elderly couple aged 79 and 75 years, is that C.C.No.537 of 2007 pending before the Judicial Magistrate of the First Class-II, Kollam is not being taken up by the learned Magistrate for consideration and disposal notwithstanding Ext.P12 application filed by them before the learned Magistrate in April, 2008. I find the request of the petitioners to be perfectly justified and legitimate. 2. Call for a report from the learned Magistrate as to why the case was not taken up for consideration and disposal. I need only mention that I expect the learned Magistrate to consider the prayer of the petitioners for expeditious disposal as emergently as possible. The learned Magistrate in the report shall report to this Court the action taken so far and the probable time that will be required for final disposal of the case. 3. Await report of the learned Magistrate. Call on 09.07.08. The Registry shall ensure that the report is received by W.P(C). No.19544 of 2008 5 then. (R.BASANT, JUDGE) rtr/-