IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 OP(Crl.).No. 1213 of 2010(Q) --------------------------------------- CC.132/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT - II, MAVELIKKARA .................... PETITIONER/ IST ACCUSED ---------------------------------------- SENTHIL,RAGAM VEETIL, ULAVANAD, PALAMEL VILLAGE, ALAPPUZHA BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): ---------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.Sasidharan Nambiar, J. --------------------------- O.P.(Crl.)No.1213 of 2010 Q --------------------------- JUDGMENT Petitioner, the first accused in C.C.No. 132/2010 on the file of Judicial First Class Magistrate's Court-II, Mavelikkara, taken cognizance for the offence under Section 498A read with Section 34 of Indian Penal Code, filed this petition under Article 227 of Constitution of India for a direction to the learned Magistrate to dispose the case before 20.01.2011 contending that he has to go abroad for his employment. It is also contended that petitioner has filed a petition under Section 205 of Code of Criminal procedure before the learned Magistrate and if the case cannot be disposed before that day, learned Magistrate may be directed to grant exemption. 2. Learned counsel appearing for the petitioner was heard. OPCR 1213/10 2 3. A direction cannot be issued to the Magistrate to dispose the case before 20.01.2011 as sought for. 4. Judicial First Class Magistrate-II, Mavelikkara to dispose C.C.No.132/2010 expeditiously. Learned Magistrate to pass appropriate order in accordance with law, if petitioner files a petition under Section 205 of Code of Criminal Procedure, expeditiously, if the case cannot be disposed expeditiously. Petition is disposed. 20th December, 2010 (M.Sasidharan Nambiar, Judge) tkv