IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 19611 of 2008(I) -------------------------- CC.525/2003 of J.M.F.C-I, PALA .................... PETITIONER: ------------ N.S.SUNILKUMAR, S/O. SANKARANKUTTY NAIR, AGED 37 YEARS, RESIDING AT ANIKKATTU HOUSE, POOVARANI VILLAGE AND KARA. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEEPA RAMAKRISHNAN, W/O. N.S.SUNILKUMAR, ANIKKATTU HOUSE, POOVARANI VILLAGE, NOW RESIDING AT KALAYATHOLIL HOUSE (SARANYA), THODANAL P.O., PALA. BY GOVERNMENT PLEADER SRI.AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.19611 of 2008 ------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Petitioner is the sole accused/husband in a prosecution under Section 498 A I.P.C. Cognizance in that case was taken as early as on 23.04.03. The case has not made any headway. Still it remains at the stage of enquiry under Section 244 Cr.P.C. Such enquiry has not commenced. The petitioner, in these circumstances, has come to this Court with a prayer that there may be a direction for expeditious disposal. 2. The report of the learned Magistrate was called for. The report has been received. The learned Magistrate reports that the matter is now ripe for enquiry under Section 244 Cr.P.C. Details are given as to how the matter dragged on from 2003 to 2008. But to say the least, the explanation for that is not satisfactory. May be the present incumbent who took charge on 12.07.07 cannot be asked to shoulder the responsibility for the entire delay, but certainly a sense of expedition must inform the learned Magistrate now. I am satisfied that appropriate direction can be issued. W.P(C). No.19611 of 2008 2 3. In the result, this Writ Petition is allowed in part and it is directed that the learned Magistrate must continue with the proceedings in C.C.No.525 of 2003 and ensure that the same is finally disposed of as expeditiously as possible - at any rate, within a period of 4 months from the date on which a copy of this judgment is placed before the learned Magistrate. The learned Magistrate must advance the case if necessary and post the case to near dates - from day to day, if such posting be necessary for such expeditious disposal in the discretion of the learned Magistrate. Compliance shall be reported to this Court by the learned Magistrate. (R.BASANT, JUDGE) rtr/- W.P(C). No.19611 of 2008 3 R.BASANT, J ------------------------------------ W.P(C). No.19611 of 2008 ------------------------------------- Dated this the 30th day of June, 2008 ORDER The short grievance of the petitioner, who is the sole accused/husband in a prosecution under Section 498 A I.P.C is that the case, though taken cognizance of on 23.04.03, has not made any headway at all. Still the enquiry under Section 244 Cr.P.C has not commenced. It is prayed that there may be a direction for expeditious disposal. 2. On the submissions made at the Bar, the grievance of the petitioner appears to be absolutely legitimate and justified. Call for a report of the learned Magistrate about the W.P(C). No.19611 of 2008 4 circumstances under which for the last five years this case has been pending before the learned Magistrate without the enquiry under Section 244 Cr.P.C having commenced. Such report must reach this Court by 09.07.08. 3. Call on 09.07.08. (R.BASANT, JUDGE) rtr/-