IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 32071 of 2009(Q) -------------------------- CC.1120/2006 of J.M.F.C.-I, ALAPPUZHA .................... PETITIONER(S): 1ST ACCUSED: ------------------------------------------------ M/S. EMPIRE MUSIC WORLD, VELLAKKINAR JUNCTION, ALAPPUZHA, REP. BY ITS OWNER/PROPRIETOR, SRI.R. RAJA. BY ADVS. MR.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIJAYA BANK, REGIONAL OFFICE, KOCHI, REPRESENTED BY ITS SENIOR MANAGR, SRI.P.K.RAJAN. R1 BY GOVERNMENT PLEADER MR. SALIM R2 BY ADVS.MR.K.ANAND (A.201), SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 32071 OF 2009 ------------------------------------------ Dated 30th November 2009 JUDGMENT Petitioner is the first accused in C.C.1120/2006 on the file of Judicial First Class Magistrate-I, Alappuzha taken cognizance for the offences under Sections 403. 406 and 420 read with Section 34 of Indian Penal Code on a complaint filed by second respondent. This petition is filed under Article 227 of Constitution of India for a direction to dispose the case as expeditiously as possible contending that petitioner is an educated youth and because of the pendency of the case, he is not in a position to utilise the opportunity to go abroad. 2. A report was called for from the Judicial First Class Magistrate, Alappuzha as to whether there is any impediment for disposing the case and the reason why the case is not being disposed. Learned Magistrate reported that after recording the evidence under Section 244 of Code of Criminal Procedure, charge was framed on 10/6/2009 and Wpc 32071/09 2 complainant was partly examined as PW1 on 22/8/2009 and though the other witness was given up, additional witness list was filed and case now stands posted to 2/12/2009. It is stated that after prosecution evidence is closed, evidence of the defence is to be recorded and then only the case could be disposed of. In such circumstances, petition is disposed directing Judicial First Class Magistrate-I, Alappuzha to dispose C.C.1120/2006 as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE. uj.