IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 1284 of 2010(Q) ------------------------- ST.1707/2004 OF JUDICIAL MAGISTRATE OF THE FIRST CLASS, CHITTUR .................... PETITIONER(S): --------------- B.KANTHAGIRI,S/O.BALARAMA CHERRIYAR, BALAGIRI ILLOM,THATHAMANGALAM POST, CHITTUR, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. K.PAZHANIVELU,CHITHANYA,16/320, SASTHRI NAGAR,KANJIKKODE POST, PALAKKAD. BY GOVERNMENT PLEADER SRI. S.U. NAZAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 1284 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 14th day of January, 2010 JUDGMENT Petitioner is the complainant in S.T. No.1707 of 2004 on the file of the Judicial Magistrate of the First Class, Chittur. Second respondent/accused originally filed an application for a direction to send the dishonoured cheque to Forensic Science Laboratory for chirography test, which was dismissed by the learned Magistrate. Second respondent challenged that order before this Court in Crl.M.C. No. 3752 of 2005. By Ext.P2 order dated 15-11-2006, this Court set aside the order of the learned Magistrate and directed the learned Magistrate to send the dishonoured cheque for chirography test, on the accused depositing Rs.50,000/- within one month. Ext.P3 shows that summons was sent to Rajiv Gandhi Centre for Biotechnology by the learned Magistrate so as to conduct the chirography test. It also shows that the said institution is only undertaking on DNA finger printing test and not chirography test. Ext.P4 shows W.P.(C) No. 1284/2010 2 that as per letter dated 25-3-2009 the learned Magistrate was informed by the Director of Forensic Science Laboratory that no chirography test is being conducted at the laboratory. This writ petition is filed under Article 227 of the Constitution of India for a direction to the learned Magistrate to dispose of the case, contending that the case is not being disposed, even though it is not possible to direct chirography test. 2. Heard the learned counsel appearing for the petitioner. 3. Pursuant to the directions given by this Court, the cheque was sent to Forensic Science Laboratory. But no chirography test is being conducted by the laboratory, as is clear from Ext.P4. If no further steps are taken by the accused, it is not for the learned Magistrate to adjourn the case. The learned Magistrate is directed to dispose of the case expeditiously in accordance with law. The writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE mn.