IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Crl.MC.No. 3473 of 2011() ------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16808/2010 (CRIME NO.280 OF 2009 OF NATTUKKAL POLICE STATION, PALAKKAD DISTRICT) ....................... PETITIONER(S): --------------- SHOUKATHALI P. S/O HAMSA, POKATH VEEDU, POOVATHANI,CHEPHANOOR, PALAKKAD DISTRICT. BY ADV. SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU CR.M.C.NO.3473/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-1 TRUE COPY OF FIR IN CRIME NO.280/09 DTD. 11-12-2009. ANNEXURE-II TRUE COPY OF SEIZURE MAHAZAR ANNEXURE-III TRUE COPY OF FINAL REPORT DTD. 27-12-2009 BEFORE JFCM COURT MANNARKAD. ANNEXURE-IV TRUE COPY OF JUDGMENT, DTD. 9-6-2010 IN W.P(C) NO.16808 OF 2010. ANNEXURE-V TRUE COPY OF ORDER DTD. 22-06-2010 OF THE GOVERNMENT OF KERALA ANNEXURE-VI TRUE COPY OF ORDER IN W.P © NO.11777/2011 AND CONNECTED CASES DTD.21.06.2011. ANNEXURE-VII TRUE COPY OF ORDER IN I.A. NO.15104/2011 IN W.P(C) 11777/2011 DTD. 27.09.2011. RESPONDENT'S ANNEXURES: NIL. /TRUE COPY/ P.A. TO JUDGE SU N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3473 of 2011 ----------------------------------- Dated this the 12th day of October 2011 O R D E R Petitioner is the 2nd accused in Crime No.280/2009 of Nattukkal Police Station which is now stated to be pending as C.C.No.150/2010 of J.F.C.M., Manarkkad. The offence alleged against him is under Sec.9B(i)(b) of Explosives Act. The allegation against him is that he was found in possession of a gelatin stick and a detonator. After conducting investigation, charge sheet was laid against the accused alleging offence as mentioned above. 2. The learned counsel for the petitioner submits that the petitioner was selected to the post of Police Constable and that he has undergone training and subsequently joined the service also. But it is submitted by the learned Senior Counsel that as per Annexure VI order passed by the Division Bench of this Court, candidates Crl.M.C. No.3473 of 2011 -: 2 :- having criminal background are not fit to be in service and as such if the aforesaid criminal case is not disposed of at the earliest, it will affect the service of the petitioner. Hence, the learned Senior Counsel submits that the learned Magistrate may be directed to dispose of the case as early as possible. 3. Heard the learned Public Prosecutor also. Using or keeping possession of gelatin stick and detonator is a serious matter. No time frame can be fixed for the disposal of such a case. 4. However, considering all the aspects, this Crl.M.C. is disposed of as stated below :- The learned Judicial First Class Magistrate, Mannarkad will try to dispose of the aforesaid case as expeditiously as possible, but only after following the procedure prescribed and examining all the witnesses cited by the prosecution and only in accordance with law. The learned Magistrate will also see whether the offence alleged Crl.M.C. No.3473 of 2011 -: 3 :- would attract only an offence under the Explosives Act or under any other Act also. N.K.BALAKRISHNAN, JUDGE. Jvt