IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17333 of 2008(L) -------------------------- C.C.NO.167/07 OF J.F.C.M COURT II, ERNAKULAM PETITIONER: DEFACTO COMPLAINANT ---------------------- K.Y. GEORGE, AGED 62, S/O. GHEE VARGHESE YOHANNAN, KENKIRETH HOUSE, MAHATHMA LANE, CHURCH ROAD, THYKOODAM, VYTTILA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: COMPLAINANT ----------------------- STATE OF KERALA, REP. BY S.I. OF POLICE, (CRIME 167/07), CENTRAL POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.17333 of 2008 ---------------------------------------- Dated this the 11th day of June 2008 J U D G M E N T The petitioner is the de facto complainant in a prosecution pending before the learned Judicial First Class Magistrate Court- II, Ernakulam inter alia under Sections 323 and 294b I.P.C. The learned Magistrate has taken cognizance of the case. The same stands adjourned now to 24/12/2009. 2. According to the petitioner, the petitioner is old and sick and there is need to dispose of the case expeditiously. Now there is only a formal posting to 24/12/2009. It is unlikely that the petitioner who is old and sick will see the end of this prosecution if the matter goes at this pace. The petitioner therefore wants an expeditious out of turn disposal of the said case. 3. Has the petitioner moved the learned Magistrate? Has any orders been passed on such application for advancement of hearing? Admittedly no such application has been filed or orders sought. The petitioner must certainly go before the court concerned and seek out of turn expeditious W.P.C.No.17333/08 2 disposal of this case. Such request must be considered by the learned Magistrate on merits and appropriate orders should be passed. If the petitioner is aggrieved by such orders certainly the petitioner can come before this court complaining about the course adopted by the learned Magistrate; but certainly the petitioner cannot be permitted to run to this court with such a grievance without and before seeking expeditious disposal by the learned Magistrate. This court cannot obviously arrange the work of all the subordinate courts in this State. 4. In the result, this writ petition is dismissed; but with the specific observation that the petitioner shall be at liberty to move the learned Magistrate for an out of turn expeditious disposal of C.C.No.167/07 and when such request is made, the learned Magistrate must consider the reasons and take appropriate decision in the matter. 5. Issue copy to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) jsr W.P.C.No.17333/08 3 W.P.C.No.17333/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007