IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 3941 of 2011() ------------------------- CP.15/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT II ,PATHANAMTHITTA .................... PETITIONER(S): DEFACTO COMPLAINANT: --------------------------------------------------------------- V.K.ABRAHAM,AGED 80, S/O.KOCHITTY KOSHY, CHITTEZHATH HOUSE, KURUNGAZHA P.O, PULLAD,THIRUVALLA-PATHANAMTHITTA. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3941/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1 TRUE COPY OF THE FINAL REPORT DATED 26.12.2008 IN C.P 15/2009 OF JFCM-II,PATHANAMTHITTA. ANNEXURE II TRUE COPY OF THE REPRESENTATION DATED 29.10.2011 SUBMITTED TO THE GOVERNMENT BY THE PETITIONER. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3941 of 2011 ---------------------------------------------------- Dated this the 18th day of November, 2011 Order The petitioner who is aged about 80 years has come to this court stating that the case charge sheeted by the police in Crime No.340 of 2008 for causing robbery and murder of his wife has not been taken up for trial. The learned counsel submits that the case has not been actually committed to the Sessions Court since the report from the FSL has not been received. The learned counsel submits that for more than two years the case has been kept pending at the committal stage itself. Hence, the prosecution will take immediate steps to see that the report is received from the FSL. The anxiety of the petitioner is that he is aged 80 years and so if the case is not taken up for trial, he will not be in a position to give evidence in the matter. Considering the seriousness of the matter, the learned counsel for the petitioner will produce a copy of this order before the CJM Court, Pathanamthitta who is reported to be holding the additional charge of JFCM Court-II, Pathanamthitta and will issue necessary Crl.M.C.3941/2011 2 directions to the FSL to see that the report is received at the earliest. The learned CJM will also see that the case is committed at the earliest. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3941/2011 3