IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 26841 of 2008(U) -------------------------- SC.7/2003 of ADDL.SUB COURT,PARAVUR .................... PETITIONER: ------------ ASHARAF, S/O.ABDU, AGED 47 YEARS, MADATHIPARAMBIL HOUSE, PALAPRASSERI KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: ------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY G.P. SRI. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c)No. 26841 of 2008 ------------------------------------------------- Dated this the 22nd day of September, 2008 JUDGMENT The petitioner's grievance is that in spite of Ext.P1 order dated 8/8/08 in Crl.M.C. No.3013/08 passed by another Bench of this Court, his plea of discharge has not been considered by the learned Additional Assistant Sessions Judge, North Paravur. There was a specific direction to consider such application within a period of 2 weeks from 8/8/08. 2. Reports were called for from the learned Sessions Judge and the Additional Assistant Sessions Judge, North Paravur. It is now revealed that on account of procedural and administrative delay, the case was recalled from the list of Long Pending Cases only later and a fresh Sessions W.P.(c)No. 26841 of 2008 -: 2 :- Case number has been assigned to the case as S.C.No.340/08 only belatedly. In the report, the learned Sessions Judge assures that every steps shall be taken to expeditiously consider the plea of discharge. 3. The petitioner's grievance remains satisfied thus though there has not been literal compliance with Ext.P1 order. I accept the explanations offered by the learned Sessions Judge and the Additional Assistant Sessions Judge about the circumstances under which the non-compliance occurred. I am satisfied that it shall be sufficient to direct the Additional Assistant Sessions Judge, North Paravur, to consider the plea of discharge as expeditiously as possible – at any rate, within a period of two weeks from this date. 4. The learned counsel for the petitioner submits that the petitioner has to leave for his place of employment abroad. I need only mention that the petitioner can apply to the learned Assistant Sessions Judge to exempt him from personal appearance while hearing on the question of charge to enable him to return to his place of employment and to be present back before court as and when directed W.P.(c)No. 26841 of 2008 -: 3 :- by the court. 5. With the above observations, this writ petition is dismissed. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge W.P.(c)No. 26841 of 2008 -: 4 :- R. BASANT, J. ------------------------------------------------- W.P.(c)No. 26841 of 2008 ------------------------------------------------- Dated this the 4th day of September, 2008 ORDER The short grievance of the petitioner is that in spite of Ext.P1 order passed by this Court dated 8/8/08 in Crl.M.C. No.3013/08 and the subsequent appearance of the petitioner before the learned Additional Assistant Sessions Judge, North Paravur, the plea of discharge raised by the petitioner is not considered by the courts. 2. Call for reports from the learned Principal Sessions Judge, Ernakulam, as also the Additional Assistant Sessions Judge, North Paravur, as to why the plea of the petitioner for discharge is not considered by the concerned courts so far in spite of the directions issued in Ext.P1. The reports must reach this Court by 16/9/2008. Call on 19/9/2008. (R. BASANT, JUDGE) W.P.(c)No. 26841 of 2008 -: 5 :- Nan/