IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 27579 of 2009(Q) --------------------------------------------- CC.3640/2005 of JUDL.M.F.C.-I, ERNAKULAM .................... PETITIONERS: 1. GEO KURIAN MATHEW, AGED 26, S/O.LATE V.M.KURIAN, RESIDING AT VETTIKULATHU HOUSE, MUNDAKAL P.O., PALA, KOTTAYAM DISTRICT, PIN-686 574. 2. SUSAMMA KURIAN, AGED 54, W/O.LATE V.M.KURIAN, DO. DO. BY ADV. SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA) RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MATHEW OOMEN, AGED ABOUT 68 YEARS, S/O.K.M.OOMEN, RESIDING AT FLAT NO.101, DEE BEE APARTMENTS, PALARIVATTOM P.O., ERNAKULAM DISTRICT, COCHIN-682 025. 3. SUSAN, AGED ABOUT 60 YEARS, W/O.MATHEW OOMEN, DO. DO. BY GOVT. PLEADER SRI.AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.27579 of 2009 Q -------------------------- JUDGMENT Petitioners, who are charge witnesses 1 and 2 in C.C.No.3640/2005 on the file of Judicial First Class Magistrate's Court-I, Ernakualm, filed this petition under Articles 226 and 227 of Constitution of India for a direction to the Magistrate to dispose the case expeditiously. 2. A report was called for from the concerned Magistrate. Learned Magistrate reported that there are two accused in the case and as the first accused did not appear, the case as against him was split up on 11.6.2007 and the case as against the second accused is being proceeded and there is no difficulty to dispose the case within a time frame. It is also reported that summons was issued to CW1 to appear on 21.1.2009. On that day, he did not appear and the case was adjourned to 12.2.2009. On that day, it was adjourned to 22.8.2009. On that WPC 27579/09 2 day, though first petitioner was present, it had to be adjourned as Assistant Public Prosecutor was on leave and it was thereafter posted to 4.9.2009 on which day, petitioners were present and on the request of the Assistant Public Prosecutor they were bound over and the case stands posted to 13.10.2009. In such circumstances, petition is disposed directing Judicial First Class Magistrate-I, Ernakulam to dispose C.C.No.3640/2005 as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv