IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 716 of 2010() ------------------------ CC.861/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): PETITIONER/COMPLAINANT ----------------------------------------------------------------------- HASEENA,AGED 28 YEARS,D/O.ZAINUDDEEN, RESIDING AT SHANTHIMALA HOUSE,DELAMPADY POST, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): ACCUSED/STATE --------------------------------------------------------- 1. ABDUL BASHEER.P.A,AGED 36 YEARS, S/O.AHAMMED,IRIYANA HOUSE,ISWARAMANGALAM, PUTHUR TALUK,DK DISTRICT,KARNATAKA. 2. UNNALIMA @ FATHIBI,AGED 61 YEARS, W/O.AHAMMED (ADDRESS AS ABOVE). 3. NASIYA,AGED 33 YEARS,W/O.ABOOBACKER (ADDRESS AS ABOVE). 4. YAHYA,AGED 28 YEARS,D/O/AHAMED, (ADDRESS AS ABOVE) 5. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIHG COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.716 of 2010 = = = = = = = = = = = = = = Dated this the 19 th day of May, 2010 ORDER The petitioner, Haseena, who is the complainant in C.C.No.861 of 2007 on the file of the J.F.C.M-I, Kasaragod seeks an expeditious disposal of the said case. 2. In the above private complaint filed by the petitioner against her husband and others cognizance was taken for offences punishable under Sections 323,443,448,498A and 506 (ii) read with 34 IPC. The matter was, thereafter being adjourned from time to time. Going by the letter dated 29.04.2010 from the J.F.C.M-I, Kasaragod, even the pre-charge, evidence in the case is yet to be completed. One of the main grounds on which the respondents were taking adjournment of the case was the pendency of Crl.M.C.No.1402 of 2008 filed by the husband for quashing the aforesaid private complaint. In fact, as per order dated 15.3.2010, this Court has dismissed for default the said Crl.M.C.No.1402/2008 which was not even admitted. If so, I see no reason why C.C.No.861 of 2007 should not be disposed of expeditiously. It appears that the disposal of Crl. M.C. No.716 of 2010 2 C.C.No.861/2007 is being delayed stating one reason or the other. This Crl.M.C. is accordingly disposed of directing J.F.C.M-I, Kasaragod to dispose of C.C.No.861 of 2007 expeditiously and after giving both sides an opportunity of hearing and an opportunity of adducing evidence in support of their rival versions. The said disposal shall be within 4 months of receipt of a copy of this order. Dated this the 19th day of May, 2010. V. RAMKUMAR, JUDGE sj