IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1691 of 2009(B) -------------------------------------- CC.220/2008 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM. .................... PETITIONER/ACCUSED: ---------------------------------- REGHU, S/O.CHELLAPPAN, T.C.29/155, KAVARADY ROAD, PALKULANGARA, PETTAH, THIRUVANANTHAPURAM. BY ADV. MR.G.SUDHEER (KARAKONAM). RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1691 OF 2009 ------------------------------------------ Dated 4th June 2009 O R D E R Petitioner is the sole accused in C.C.220/2008 which is the split up case of C.C.30/2000 when he was third accused. That case was tried by Additional Chief Judicial Magistrate, Thiruvananthapuram. As petitioner was absconding the case against other accused were tried and case against petitioner was split up and re-filed as C.C.220/2008. 6th accused died during the stage of trial and offence as against him abated. Under Annexure-A judgment learned Chief Judicial Magistrate found accused 1,2,4 and 5 not guilty and acquitted them of all the offences. Petitioner subsequently surrendered before the Magistrate and filed C.M.P.2341/2009 an application for expeditious disposal of the case. Under Annexure-E order learned Magistrate dismissed the petition holding that as the case was pending due to the act of the petitioner, he is not entitled to get speedy trial. CRMC 1691/09 2 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. True, petitioner could not be tried in C.C.30/2000 as he was absconding. But that does not mean that learned Magistrate is not to dispose the case against him when petitioner surrendered and is made available for trial. In such circumstances, Additional Chief Judicial Magistrate, Thiruvananthapuram is directed to dispose the case expeditiously as possible. Petition is disposed of. M.SASIDHARAN NAMBIAR, JUDGE. uj.