IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 3075 of 2010() ------------------------- CC.92/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER(S): 6TH ACCUSED: ------------------------------------------------ JYOSHITH PATTAKKA, AGED 31 YEARS, S/O. MUKUNDAN, THAYYIL HOUSE, MOORIYAD(POST),KANNUR DISTRICT. BY ADVS. SRI.E.C.BINEESH, SMT.M.B.SHYNI. RESPONDENT(S): COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3075 of 2010 * * * * * * * * * * * * * * * * * * Dated: 10th August, 2010 ORDER Petitioner who is the 6th accused in Crime No. 289 of 2005 of Kuthuparamba Police Station for offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Sec. 34 I.P.C. and now pending trial before the J.F.C.M. Kuthuparamba, as C.C. No. 92 of 2006 seeks an early disposal of the said case. 2. This Court called for a report from the J.F.C.M., Kuthuparamba. As per letter dated 5-8-2010, the learned Magistrate has reported that nine witnesses have already been examined and the case stands posted for examination of CW9 on 7-10-2010. It is not understood as to why such a long posting has been given in a part-examined matter. The learned Magistrate appears to have forgotten the rule that trial should be day-to-day trial and should have been Crl.M.C. No. 3075 of 2010 -:2:- completed at one stretch. Such staggered recording of evidence is not warranted either by the Cr.P.C. or by the Circulars issued by the High Court. The learned Magistrate shall pre-pone the examination of CW9 and shall dispose of the case within three months of receipt of a copy of this order. Crl.M.C. is disposed of as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.