IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 3308 of 2005 ----------------------------- (AGAINST THE ORDER DATED 30/09/2005 IN MP. 3560 /2005 IN CC.1151/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI) .................... PETITIONER/ACCUSED: ----------------------------- BENNY, AGED 46 YEARS, S/O.AUGUSTINE, THOTTUKARA SCHOOL MITTAM, OCHENTHURUTHU P.O., ERNAKULAM. BY ADV. SRI.MATHEW ABRAHAM RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------- 1. P.P.SURESH, S/O.PEETHAMBARAN, PANIKKASSERY (H), NJARAKKAL P.O., ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED. R1 BY ADV. SRI.K.S.MADHUSOODANAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.M.C.No. 3308 of 2005 --------------------------------------------- Dated this the 27th day of June, 2008 O R D E R Challenging Annexure A1 order of the court below by which the petitioner's request for issuance of summons to produce the register for the year 2001-02 maintained by the Circle Inspector of Police, Njarakkal was rejected, the petitioner, who is the accused, approached this Court by filing this petition under Section 482 of the Code of Criminal Procedure. 2. When the above case came up for consideration, it appears that the same was admitted and interim stay, as prayed for, was granted for one month on 14.10.2005. But, thereafter, no steps were taken in time for service of notice on respondents. Subsequently, service was completed. By order dated 20.2.2006, this Court in Crl.M.A.No.12321 of 2005 made clear that the stay, granted in the Crl.M.A. regarding the trial of C.C.No.1151 of 2003, expired long back and it is open to the learned Magistrate to proceed with the trial of the case. When the matter was taken up for consideration on Crl.M.C. NO. 3308 of 2005 :-2-: 20.6.2008, the counsel for the first respondent submitted that the matter is likely to become infructuous as the stay order granted expired and not extended thereafter. On that day, there was no representation for the petitioner and hence the matter stands adjourned to 26.6.2008 for disposal, on which date also, there was no representation for the petitioner. Thus, when the matter was taken up for consideration in the disposal list today also, there is no representation for the petitioner. As directed by me, the Registry collected information from the Junior Superintendent of Judicial First Class Magistrate Court-I, Kochi that C.C.No.1151 of 2003 had already been disposed of on 10.7.2006 convicting the accused/petitioner under Section 255 of the Code of Criminal Procedure and sentencing him for simple imprisonment for two years. The above information is recorded. As there is no representation from the petitioner and as per the information gathered by the Crl.M.C. NO. 3308 of 2005 :-3-: Registry that the case had already been disposed of, this Crl.M.C. is dismissed as infructuous. V.K.Mohanan, Judge MBS/ Crl.M.C. NO. 3308 of 2005 :-4-: V.K.MOHANAN, J. -------------------------------------------- Crl.R.P.NO. OF 200 -------------------------------------------- O R D E R DATED: -6-2008 Crl.M.C. NO. 3308 of 2005 :-5-: