IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 4141 of 2011() ------------------------- CC.115/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... PETITIONER(S) :- -------------------------- SAIDALIKHAN,S/O.SHARAFUDEEN, SAFEER MANZIL,PERUMALA,MOOZHI, MANICKAL MURI,VENJARAMOODU,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SANU.S.PANICKER SRI.S.SUDHEER RESPONDENT(S) :- --------------------------- STATE OF KERALA, REP.BY IIS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4141 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of the order of retrenchment of petitioner from police force, issued by the Commandant, Special Armed Police, Thiruvananthapuram dated 31.8.2011. Annexure A2 :- Copy of the order in Crl.M.C.No.1895 of 2011 of this Hon'ble Court. Annexure A3 :- Copy of the Proceeding Sheet prepared by the Learned Magistrate in C.C.No.115 of 2009. Anneuxre A4 :- Copy of the deposition of the PW1. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4141 of 2011 ----------------------------------- Dated this the 3rd day of December 2011 O R D E R Petitioner is the 2nd accused in C.C.No.115/2009 on the file of J.F.C.M.-II, Nedumangadu. The case is of the year 2009. Petitioner contends that he was selected to the post of Police Constable and that he was not permitted to join the training because of the pendency of the criminal case. He approached this Court earlier. As per Annexure A2 order dated 24.6.2011 this Court has already directed that the case is to be disposed of as early as possible. On going through Annexure A3 proceedings paper, it is seen that CWs.1 and 2 were present on earlier occasions but they were not examined. On the dates when they appeared there was no sitting and so the case had to be adjourned. 2. It is seen that CW2 was examined on 25.10.2011. Application was filed on behalf of CW1 and so the case was adjourned to 3.11.2011. On 3.11.2011 CWs.1 and 3 were Crl.M.C. No.4141 of 2011 -: 2 :- absent. Warrant has been issued against them and thereafter the case was adjourned to 22.11.2011. It is stated that those witnesses did not appear on that date and now it is stated that the case is posted to 6.12.2011. The prosecution will ensure that the warrant issued against CWs.1 and 3 are executed. After examination of those witnesses, the prosecution has to examine other witnesses also. The learned Magistrate will see that the case is disposed of at the earliest as already ordered by this Court in Annexure A2, but in accordance with law. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt