IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4145 of 2008() ------------------------- ST.14/2006 of JUDL.MAGISTRATE OF FIRST CLASS-III, KANJIRAPPALLY .................... PETITIONER(S): ACCUSED --------------- K.S.SKARIA, KIZHEKKE POOVATHERIL HOUSE KUNNAM PO., MAVELIKARA. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): DEFACTO COMPLAINANT & STATE --------------- 1. JACOB THOMAS @ SAJI KUZHIKKATTU HOUSE, ELAMPALLI PO., ELAMPALLI PO., PONKUNNAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.P.BABU KUMAR FOR R1 SRI.P.YADHU KUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4145 of 2008 ------------------------------------- Dated this the 5th day of December, 2008 ORDER The report of the learned Magistrate shows that the learned Magistrate does not want to insist on the personal presence of the accused in this case as the matter has reached the stage of defence evidence. In these circumstances, the challenge against Annexure-III order need not be considered in detail. Observations in that order does convey the impression that the personal presence of the accused was insisted by the learned Magistrate. In any view of the matter in as much as it is now clarified that the personal presence of the accused is not necessary for making further progress of the case, it is not necessary to consider that aspect any further. 2. All that remains is that C.M.P.No.5467 of 2006 has not been considered by the learned Magistrate. The learned Magistrate reports that the said petition is pending and has not been disposed of. I need only observe that I expect the learned Magistrate to proceed to dispose of the said petition on merits, in accordance with law and expeditiously. Crl.M.C. No.4145 of 2008 2 3. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that every endeavour must be made by the learned Magistrate to dispose of the case as expeditiously as possible. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-