IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 330 of 2009() ------------------------ CRIME NO. 534/08 OF KADAKKAL POLICE STATION CC.1988/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, KATTAKADA .................... PETITIONER(S): --------------- 1. K.PURUSHOTHAMAN SABU NIVAS,AYIRUKUZHY PO, KADAKKAL VIA KOTTARAKKARA, KOLLAM DISTRICT. 2. P.SABU, S/O. PURUSHOTHAMAN, SABU NIVAS, AYIRUKUZHY PO, KADAKKAL VIA KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 330 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2009 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under the Explosive Substances Act. The petitioners had come to this Court for a direction for expeditious disposal of the case. 2. Report of the learned Magistrate was called for. The report shows that the accused have not entered appearance so far. In these circumstances the learned Magistrate submits that six months further time will be required from the appearance of the accused for the disposal of the case. 3. The learned counsel for the petitioners submits that the petitioners shall immediately appear before the learned Magistrate. Appropriate direction may be issued, it is prayed. 4. The petitioners have come to this Court even before they appear before the learned Magistrate. I am not satisfied that any specific direction need be issued. I take note of the report Crl.M.C.No. 330 of 2009 2 dt.27.1.2009 submitted by the J.F.M.C.-II, Kottarakkara, wherein it is assured that the case shall be disposed of within a period of six months after appearance of the accused. 5. This Crl.M.C. is accordingly dismissed, accepting the report of the learned Magistrate. The petitioners must forthwith appear before the learned Magistrate and the learned Magistrate must make every endeavour to dispose of the case within a a period of six months from the date of such appearance. (R. BASANT) Judge tm Crl.M.C.No. 330 of 2009 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 330 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2009 O R D E R The short prayer of the petitioner is that C.C.1985 of 2008 pending before the J.F.M.C.-II, Kottarakkara may be directed to dispose of at an early stage. If an expeditious disposal is not made, that would cause serious hardship and prejudice to the petitioners, it is submitted. 2. Call for a report from the J.F.M.C.-II, Kottarakkara. In such report the learned Magistrate shall explain what time will be required for disposal of the case. If there be no insurmountable legal Crl.M.C.No. 330 of 2009 4 impediment, I expect the learned Magistrate to dispose of the case as expeditiously as possible. Await report of the learned Magistrate. Call on 2.2.2009. (R. BASANT) Judge tm