IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 21235 of 2010(Q) -------------------------- CC.87/2008 of C.J.M.,TRIVANDRUM .................... PETITIONER(S): --------------- R.BABU D'CRUZ, AGED 51 YEARS, S/O.CRUZ ROCKY, RESIDING AT VIMALA BHAVAN, USHA NAGER-36, MANGADU DESOM, MANGADU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- THE STATE OF KERALA REPRESENTED BY THE DETECTIVE INSPECTOR CRIME BRANCH CID, THIRUVANANTHAPURAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER MR.C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No. 21235 of 2010 -------------------------------------- Dated this the 16th day of July, 2010 J U D G M E N T Petitioner, who is the accused in Crime No.56/2001 of Crime Branch (CID), Thiruvananthapuram for offences punishable under Sections 403 and 408 IPC and now pending before the Chief Judicial Magistrate Court, Thiruvananthapuram as C.C.No.87/2008 seeks a direction to the Magistrate to dispose of the case expeditiously within a time frame fixed by this Court. 2. This Court called for the report of the learned Magistrate. As per letter dated 13.7.2010 the learned Magistrate has reported that after the petitioner got himself enlarged on bail the case was posted for framing charge and the charge was framed against him on 6.11.2009 and the case was posted to 14.7.2010 for commencement of the prosecution evidence. There is a prayer that at least six months may be granted to dispose of the case in accordance with law. 3. The learned Counsel for the petitioner submitted that this case was started in the year 2000 and the sword of Damocles has been hanging over the head of the petitioner W.P(C) No.21235 of 2010 : 2 : now for nearly 10 years and the Court below may be directed to dispose of the case within one month. 4. The Court of the Chief Judicial Magistrate, Ernakulam is a heavy Court. The Chief Judicial Magistrate has to carry out various duties like disposal of cases, inspection of all Criminal Courts, performing the work in the Juvenile Justice Board etc. Under these circumstances, the prayer of the petitioner to dispose of the case within one month cannot be accepted. Accordingly, this writ petition is disposed of directing the Chief Judicial Magistrate Court, Thiruvananthapuram to finally dispose of C.C.No.87/2008 within a period of four months of receipt of a copy of this judgment. V.RAMKUMAR, JUDGE dmb