IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Crl.MC.No. 3329 of 2010(C) ------------------------------ CC.213/2004 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER(S): ACCUSED ---------------------- INDIRA, D/O. SIVARAMAN PILLAI, AGED 48 YEARS,HARISADANAM, KAVALAM VADAKKUM BHAGAM, KAVALAM VILLAGE, P.O.KAVALAM, ALAPPUZHA DISTRICT-688506. BY ADVS. SRI.K.SHRI HARI RAO SRI.K.S.BALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3329 of 2010 -------------------------- ORDER Petitioner, the accused in C.C.No.213/2004 on the file of Judicial First Class Magistrate's Court-I, Changanassery, filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-I final report, taken cognizance by the Magistrate for the offences under Sections 477A and 408 of Indian Penal Code contending that though the case is pending before the court from 2004 onwards, it is not being disposed and even CW1, the defacto complainant, was not examined and a bailable warrant was issued and even then he did not appear and in such circumstances, the case is to be quashed. 2. A report was called for from Judicial First Class Magistrate-I, Changanassery to show the reason for not disposing the case. Learned Magistrate sent a report stating that originally, CRMC 3329/10 2 at the instance of the petitioner, this court granted an order of stay on a transfer petition filed and after it was dismissed, petitioner appeared before the court on 5.6.2009 and charge was framed and the case was posted for examination of the witnesses and on some occasions, the Assistant Public Prosecutor was not present and on other occasions, the defence counsel was not present and at other occasions, there was no sitting and finally, when the case was posted for recording the evidence, CW1 failed to appear and bailable warrant was issued to 17.8.2010 and even then he did not appear and his application was rejected and a non bailable warrant was issued and the case now stands posted to 2.9.2010. 3. In the light of the report, I cannot agree with the learned counsel that for the failure of the learned Magistrate to dispose the case, the case is to be quashed. But, considering the fact that the case is pending from 2004 onwards, CRMC 3329/10 3 Judicial First Class Magistrate-I, Changanassery is directed to dispose C.C.No.213/2004 expeditiously, at any rate, within six months from the date of receipt of a copy of this order. Petition is disposed. 31st August, 2010 (M.Sasidharan Nambiar, Judge) tkv