IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 Crl.MC.No. 693 of 2011() ----------------------------------- CC.767/2010 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA. CRIME NO.580/2009 OF THEKKUMBHAGOM POLICE STATION , CHAVARA KOLLAM DISTRICT. .................... PETITIONER(S): ACCUSED ------------------------------------- A.R.CHANDRASEKHARA KURUP, S/O.RAMAKRISHNAN NAIR, AGED 60 YEARS, R/AT 'AZHAKATH PUTHENPURA'CHAVARA SOUTH PO, KOLLAM DISTRICT. BY ADV. SRI.SAIJU S. RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA,REP.S.H.O., THEKKUMBHAGHOM POLICE STATION, CHAVARA, KOLLAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2011, ALONG WITH CRMC. NO.695 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.693 of 2011 & 695 of 2011 -------------------------------------- Dated this the 7th day of March, 2011. ORDER Petitioner, common in these cases is accused in C.C.Nos.767 of 2010 and 49 of 2010, both of the court of learned Judicial First Class Magistrate, Sasthamcotta. C.C.No.767 of 2010 arises from Crime No.580 of 2009 of Thekkumbhaghom Police Station for offences punishable under Sections 341 and 323 read with Section 34 of the Indian Penal Code (for short, “the Code”). C.C.No.49 of 2010 arises from Crime No.246 of 2009 of same Police Station for offences punishable under Sections 294(b), 341, 323 and 324 read with Section 34 of the Code. Prayer in these petitions is for an early disposal of the cases. Learned counsel submits that even after submission of the final report and learned Magistrate taking cognizance, Police is harassing the petitioner. I have heard learned Public Prosecutor also. 2. There is no reason why if the allegations are true, Police should harass petitioner. Final report in both the cases have already been submitted and learned Magistrate has taken cognizance of the offences. Hence duty of the Police so far as investigation of the cases is concerned, is over and they should act accordingly. Crl.MC No.693 & 695/2011 2 3. So far the direction for early disposal of the cases is concerned, it is seen that Crime cases were registered in the year 2009 and the learned Magistrate has taken cognizance only in the year 2010. Without understanding the volume of work involved and priority for disposal of old cases I am not justified in issuing direction for early disposal of cases of the year 2010. But I make it clear that this order will not prevent petitioner requesting learned Magistrate to dispose of the cases as early as possible if circumstances warranted so. With the above observation these petitions are disposed of. THOMAS P.JOSEPH, Judge. cks