IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31636 of 2009(Q) -------------------------------------- C.C.440/2003 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-V, KOZHIKODE. .................... PETITIONER(S): --------------------- ABDUL GAFOOR, AGED 40 YEARS, S/O.ABDULLAKUTTY, VANGATTU MANZIL, FEROKE AMSOM DESOM, FEROKE, KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN, MR.HANSON P.MATHEW RESPONDENT(S): ------------------------ 1. IMMIGRATION OFFICER, C.S.I.AIRPORT, MUMBAI. 2. PASSPORT OFFICER, KOZHIKODE. 3. SUB INSPECTOR OF POLICE, FEROKE, KOZHIKODE. R1 & R2 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.SG. R3 BY GOVERNMENT PLEADER MR.K.S. SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.31636 OF 2009 ------------------------------------------ Dated 6th November 2009 JUDGMENT Petitioner is the appellant in Crl.A.620/2009 on the file of First Additional Sessions court, Kozhikode filed against the conviction and sentence in C.C.440/2003 on the file of Judicial First Class Magistrate-V, Kozhikode. This petition is filed under Article 227 of Constitution of India for a direction to the learned Sessions Judge to dispose the appeal before 30/11/2009, contending that petitioner will not be in a position to leave India before disposal of the appeal and the period of visa will expire, unless it is extended and therefore, direction be issued to the learned Sessions Judge to dispose the appeal. 2. Considering the facts stated in the petition First Additional Sessions Judge, Kozhikode may dispose Crl.A.620/2009 before 30/11/2009. If it is not possible, petitioner is at liberty to apply for release of the passport. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.