IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 OP(Crl.).No. 653 of 2010(Q) ----------------------------------- CC.255/2007 of CHIEF JUDICIAL MAGISTRATE COURT,TRIVANDRUM .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- K.P.VARGHESE, S/O.K.V.PETER, AGED 47 YEARS, WELGATE GARDENS, KURRAVANKONAM,KOWDIAR PO, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): ---------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== O.P.(Crl) No.653 OF 2010 =========================== Dated this the 7th day of December,2010 JUDGMENT Petition is filed by the first accused in C.C.255/2007 on the file of Chief Judicial Magistrate Court, Thiruvananthapuram for a direction to the Magistrate to dispose the case expeditiously contending that the case has been pending before the court since 2007 and the records seized are in the custody of the court and in such circumstances direction is to be issued to dispose the case expeditiously within a time frame. 2. A report was called for from chief Judicial Magistrate, Thiruvananthapuram. The report submitted discloses that cognizance was taken against three accused for the offences under sections 51, 52A, 68A, 63 and 65 of the Copy Right Act and subsequently further O.P.(Crl)653/2010 2 investigation was conducted by Superintendent of Police, CBCID under section 173(8) of Code of Criminal Procedure and a final report was submitted for the offences under section 51(b)(1)and 63 of Copy Right Act,1957 read with section 34 of Indian Penal Code. Third accused is the wife of the petitioner. The report also discloses that the personal presence of the wife of the petitioner was exempted by this court by order dated 11.12.2008 in Crl.M.C.4791/2008 and the other two accused including the petitioner had already appeared and were released on bail. It is also submitted that accused 2 and 3 have already filed two separate petitions for discharge under section 239 of Code of Criminal Procedure and those petitions are posted to 28.12.2010. Learned Chief Judicial Magistrate stated that after the disposal of those petitions, there is no impediment for disposing of the case. 3. Learned counsel appearing for the petitioner submitted that petitioner may also be O.P.(Crl)653/2010 3 granted liberty to file a petition under section 239 of Code of Criminal Procedure. If charge is not framed against the petitioner so far, he is entitled to file a petition under section 239 of Code of Criminal Procedure. Learned Chief Judicial Magistrate, Thiruvananthapuram is directed to dispose the application for discharge on 28.12.2010 or immediately thereafter. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006