IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Crl.MC.No. 4271 of 2011() ------------------------- PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------ ANIL KUMAR,S/O.ANBAIYAN,AGED 33 YEARS, CHARUVILA MELETHIL VEEDU,KURAMPAL THEKKE MURI, KURAMPALA VILLAGE,ADOOR TALUK. BY ADVS. SRI.K.S.SIVA KUMAR SRI.C.B.SREEKUMAR RESPONDENT(S): STATE AND ACCUSED ---------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SAJI,S/O.KODIYAN,KOCHUTHUNDIL VEEDU, KURAMBALA SOUTH,KURAMBALA VILLAGE,PANDALAM-689 501. 3. RAJAN,PALLITHEKKETHIL HOUSE,KURAMBALA SOUTH,KURAMBALA VILLAGE,PANDALAM - 689 501. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 4271/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A1:COPY OF THE FIR DATED 8.11.2006 IN CRIME NO.498/2006 OF PANDALAM POLICE STATION. ANNEXURE-A1(A):COPY OF THE FIS DATED 8.11.2006. ANNEXURE-A2:COPY OF THE CHARGE SHEET DATED 11.11.2006 SUBMITTED BY THE 3RD RESPONDENT. ANNEXURE-A3:COPY OF THE ADDITIONAL REPORT DATED 27/9/2007 FILED BY THE CIRCLE INSPECTOR. ANNEXURE-A4:COPY OF THE COMPLAINT CRL.M.P.4482/2008 ALONG WITH THE SWORN STATEMENT. ANNEXURE-A5:COPY OF THE ORDER DATED 18.02.2009 IN CRL.M.P.4482/2008 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT,ADOOR. ANNEXURE-A6:COPY OF THE ORDER DATED 22.5.2010 IN CRL.R.P.135/2009 ON THE FILES OF THE SESSIONS COURT, PATHANAMTHITTA. ANNEXURE-A7:COPY OF THE ORDER DATED 16.6.2011 IN CRL.M.C.4270 OF 2010 OF THIS HON'BLE COURT. ANNEXURE-A8:COPY OF THE PETITION NUMBERED AS CRLM.P.2603/2009. ANNEXURE-A9:COPY OF THE PETITION NUMBERED AS CRL.M.P.4187/2009. ANNEXURE-A10:COPY OF THE ORDER NO.H1/4148/09 N DATED 28.11.2009 ISSUED BY THE DISTRICT POLICE SUPERINTENDENT, PATHANAMTHITTA. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4271 of 2011 ------------------------------------------ Dated this the 14th day of December, 2011 ORDER Petitioner is the de facto complainant in CC.1042/06 of JFCM, Adoor. Annexure - 8 is the application filed by him on 10.07.2009 seeking impleadment of one Rajan, the additional 3rd accused. The learned counsel for the petitioner submits that the de facto complainant and one witness have already been examined in this case. According to the petitioner the evidence entered by those two witnesses is sufficient to invoke Section 319 Cr.P.C. to implead the persons named in the petition. The only request now made by the petitioner is to direct the learned Magistrate to dispose of A-8 application. The learned Magistrate will see that Annexure - A8 petition is disposed of at the earliest. 2. The other request made by the petitioner is with regard to A-9 petition. This petition was filed by the Crl.M.C.No. 4271 of 2011 -: 2 :- petitioner in the year 2009. The request therein is to send the First Information Statement to the FSL since according to the petitioner the FIS which is available in court was not signed by him and given to the police. The learned Magistrate will dispose of A-9 application also as expeditiously as possible. The learned Magistrate should see that both applications are disposed of within one month from the date of receipt of a copy of this order. N.K. BALAKRISHNAN, JUDGE. smvd