IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 4941 of 2008() ----------------------------------------- (AGAINST THE ORDER DATEAD 30/04/07 IN M.C.49/06 OF FAMILY COURT, KOLLAM) PETITIONER(S): ------------------------- MUHAMMED SIDHIKH, S/O.ABDUL REHMAN KUNJU, AGED 32 YEARS, PUTHENTHARAYIL, CLAPPANA VILLAGE, CLAPPANA CHERRY, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.ZIYAD RESPONDENT(S): --------------------------- 1. PHATHIMUTHU @ PTHIMA, AGED 24 YEARS, D/O.ISMAYIL KUNJU, THEKKEPLACHERRIYIL VEEDU, PATTATHANAM MURI, CHAVRA VILLAGE, KARUNGAPPALLY TALUK, KOLLAM. 2. MUHAMMED SAHAT (MINOR), THEKKEPLACHERRIYIL VEEDU, PATTATHANAM MURI, CHAVRA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM. 3. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A.SALIM FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4941 of 2008 ------------------------------------------------- Dated this the 27th day of January, 2009 ORDER The grievance of the petitioner is that an application has been pending before the learned Magistrate and that the learned Magistrate is not disposing of the same. A report of the learned Magistrate is received. It shows that no such application is pending. There is no representation for the petitioner. Evidently, the petitioner is not now interested in prosecuting this Crl.M.C. This Crl.M.C. is accordingly dismissed for non-prosecution. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.4941 of 2008 -: 2 :- Crl.M.C. No.4941 of 2008 -: 3 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4941 of 2008 ------------------------------------------------- Dated this the 18th day of December, 2008 ORDER There is no representation for the petitioner. I have perused the petition. The short prayer is to issue a direction under Sec.482 Cr.P.C. to the learned Judge of the Family Court for expeditious consideration of an application to set aside the ex parte order. The learned Judge is not disposing of that application, it is complained. 2. Call for a report from the learned Judge of the Family Court. The learned Judge shall report whether such an application (copy of which is produced as Annexure-A4) is pending before the Family Court and if so, why the same has not been disposed of yet. The learned Judge shall communicate to this Court the probable time that will be required by the learned Judge to dispose of the matter. I need only mention that I expect the learned Judge to expeditiously dispose of that petition. Await report of the learned Judge. Call on 12/1/09. Crl.M.C. No.4941 of 2008 -: 4 :- (R. BASANT, JUDGE) Nan/