IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 OP(Crl.).No. 832 of 2011(Q) --------------------------- CC.1225/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT,PUNALUR .................... PETITIONER: ----------------------- KOSHY MATHEW, S/O.JOY MULAMOOTIL, MULAMOOTIL HOUSE, DALLY P.O., KULATHUPUZHA, KOLLAM, KERALA, INDIA, PIN-691 310. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.832 of 2011 ==================================== Dated this the 28th day of February, 2011 J U D G M E N T Petitioner is accused 1 in C.C. No.1225 of 2009 of the court of learned Judicial First Class Magistrate, Punalur for offences punishable under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956. Grievance of petitioner is that though final report has been filed and learned Magistrate has taken cognizance and issued process to the petitioner and the second accused, the latter is not co-operating as she is not available for trial. For the said reason the trial against petitioner is being adjourned. Petitioner wants to renew his passport but the Passport Authorities have refused to do so since the case is pending against him. In the circumstances petitioner seeks a direction to the learned Magistrate to dispose of the case against him. I have heard learned counsel for petitioner and learned Public Prosecutor. 2. If presence of the second accused cannot be procured within a reasonable time it is well within the power of learned Magistrate to split the case against the second accused O.P(Crl.) No. 832 of 2011 -: 2 :- after complying with the formalities and proceed against the first accused. There is no reason why petitioner should wait all along until the second accused is apprehended. Petitioner has a grievance that his request to renew passport was turned down by the Passport Authorities on account of pendency of the case. In the circumstances learned Magistrate is directed to consider whether if presence of the second accused cannot be procured within a reasonable time case against second accused could be split up and trial of petitioner could proceed so that petitioner’s grievance is redressed. This Criminal Miscellaneous Case is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv