IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.MC.No. 3755 of 2007() ------------------------- CC.732/1999, NOW RE-NUMBERED AS CC 1500/07 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER: 1ST ACCUSED. ------------------------ JOY, S/O. JOHN, VAZHOTTUKIZHAKKEKARA VEEDU, KOTTARA, MUKALUVILAVEEDU, MANJAKKALA, THALAVUR. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA RESPONDENTS: ------------------ THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, UNDER KUNNIKODU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. C.M. NAZAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3755 of 2007 ========================== Dated this the 8th day of January, 2008. ORDER Heard both sides. 2. The petitioner, who was the 1st accused in crime No. 145/99 of Kunnikkode Police Station for offences punishable under Sections 143, 147, 427, 447, 506(ii) r/w Section 34 of the Indian Penal Code, seeks a direction to the Judicial First Class Magistrate-III, Punaloor for an expeditious disposal of C.C. No. 415/2004 pending before the said court. The occurrence took place on 03.05.1999 at 10 p.m. involving altogether five accused persons. The petitioner was absconding on account of his employment abroad. Subsequently, armed with Annexure 3 order dated 05.11.2007 passed by this Court in B.A. No. 6829/2007 the petitioner surrendered before the Magistrate and was eventually enlarged on bail. The co-accused in the case in C.C. No. 732/99 were acquitted as per Annexure-2 judgment dated 19.04.2004. CRL. M.C. NO. 3755/2007 : 2 : 3. I see no reason why the prayer of the petitioner should not be granted. Accordingly, this M.C. is disposed of directing the JFCM-III, Punaloor to take up C.C. No. 415/2004 for trial at the earliest and dispose of the same within six months of receipt of a copy of this order. The Magistrate may consider the question of excusing the absence of the petitioner till the actual commencement of the trial in case the petitioner files the necessary application in that behalf. In case the Magistrate is not able to dispose of the case within the time frame indicated as above, he shall send a report to the registry through proper channel explaining as to why the above time frame could not be adhered to. This M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 3755/2007 : 3 :