IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 492 of 2010() ---------------------------------- CC.264/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM CRIME NO.64/2001 OF THAMPANOOR POLICE STATION. .................... PETITIONER/3RD ACCUSED ---------------------------------------- RAJESH @ AYYAPPAN, S/O.MURALI, KUNNUMPURATHU HOUSE, THAMPANOOR, 4/630, PAPPANAMCODE, PANANGODE, ANADU MURI, PERINGAMALA VILLAGE. BY ADV. MR.M.DINESH RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 492 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2010. ORDER The simple prayer made in this petition is for a direction to the Judicial Magistrate of the First Class-III, Thiruvananthapuram to dispose of C.C. 264 of 2007 pending before the said court within a time frame to be fixed by this court and also to direct the said court to dispense with the personal appearance of the petitioner on all subsequent postings. 2. Petitioner is the accused in C.C. 264 of 2007 of JFCM-II, Thiruvananthapuram. He is alleged to have committed offence punishable under Section 379 read with Section 34 of the Indian Penal Code. 3. Petitioner says that he had got an employment abroad and he is unable to leave the place because of the pendency of the case. Therefore, he Crl.M.C. 492/2010. 2 prays that necessary direction may be issued to the court below to dispose of the case at the earliest. 4. As of now petitioner only seeks a direction for an early disposal. The prayer seems to be just and reasonable and there is no reason why it should be denied. Therefore, this petition is allowed and there will be a direction to JFCM-III, Thiruvananthapuram to try and dispose of C.C.264 of 2007 within a period of four months from the date of receipt of a copy of this order and the said court shall consider and pass orders on the application, if any, filed by the petitioner for dispensation of his personal appearance on subsequent posting dates of the case. P. BHAVADASAN, JUDGE sb.