IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.MC.No. 4037 of 2009() ------------------------------------- C.C.NO.830/2008 OF JFMC, VARKALA ... (CRIME NO.139/2008 OF KALLAMBALAM POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ NAZEEM, S/O. KAMARUDEEN, NASSINI MANZIL, ERANIKONAM, KARAVARAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. MR. K.SIJU, MR. MOHAMMED RAFI. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4037 OF 2009 ------------------------------------------ Dated 8th January 2010 O R D E R Petitioner is the accused in C.C.830/2008 on the file of Judicial First Class Magistrate, Varkala taken cognizance for the offence under Section 52 (A) read with Section 68(A) of Copy Right Act. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the ingredients of the offences is not attracted and therefore, continuation of the proceedings is only an abuse of process of the court. Petitioner alternatively sought a direction to the learned Magistrate for a speedy disposal of the case. 2. Learned counsel appearing for Crmc 4037/09 2 the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel I do not find that prosecution is to be quashed as sought for invoking the powers under Section 482 of Code of Criminal Procedure. Petitioner is entitled to raise all the contentions before the learned Magistrate. Learned counsel submitted that learned Magistrate has already framed the charge. In such circumstances, petition is disposed directing Judicial First Class Magistrate, Varkala to dispose the case, as expeditiously as possible, at any rate within eight months from the date of receipt of copy of the order. M.SASIDHARAN NAMBIAR, JUDGE. uj.