IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH OCTOBER 2007 / 13TH ASWINA 1929 Crl.MC.No. 3071 of 2007() ------------------------- CC.1518/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER: ACCUSED ------------ MISS.BUSHRA, D/O.ABOOBACKER, THAZHATHU VEEDU, EDAKKAZHIYOOR, CHAVAKKAD. BY ADV. SRI.JOHN K.GEORGE SRI.P.K.VARGHESE RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.3071 of 2007 ------------------------------------- Dated this the 5th day of October, 2007 O R D E R The petitioner, a young woman, took to the wheels. She met with an accident. She faces indictment in a prosecution under Section 304 A I.P.C. The pendency of the prosecution, it is submitted at the Bar, affects her prospects in life and career. Marriage proposals are waiting for the disposal of the case. She has to apply for a passport and go abroad to pursue her studies. That cannot also be done because the passport is not being issued to her due to the pendency of the case. According to the petitioner, all disputes have been settled. The matter has been listed for trial to 05.12.07. The petitioner made an application before the learned Magistrate to advance the hearing of the case. The learned Magistrate, by the impugned order, rejected the said prayer. According to the learned Magistrate, though all the other crucial witnesses were made available for examination, one crucial witness was not present as that witness was not available in India at the relevant time. Therefore the learned Magistrate felt that it is not necessary to advance the hearing of the case from 05.12.2007 and the matter can be taken up for trial on 05.12.2007. Crl.M.C.No.3071 of 2007 2 2. After detailed discussions at the Bar, the learned counsel for the petitioner only prays that there may be a direction to dispose of the case in the month of December, 2007. In the facts and circumstances of the case, I reckon that request as absolutely reasonable. This Crl.M.C is dismissed with the observation that the learned Magistrate must make every endeavour to dispose of the case against the petitioner finally in December, 2007 itself. (R.BASANT, JUDGE) rtr/- Crl.M.C.No.3071 of 2007 3