IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Crl.MC.No. 1392 of 2009() ------------------------- CMP.841/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): ACCUSED ---------------------- K. SREE HARIDAS, S/O. LATE T.K. NAIR, LAKSHMI SREE, P.O. CHIRAKKAL, KANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. K. PADMINI, W/O.B.S. NAIR, CHIRAKKAL, KANNUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.T.K.MOHANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- Crl.M.C.No.1392 OF 2009 -------------------------- Dated this the 24th day of April 2009 ------------------------------------- O R D E R The petitioner is the accused in C.C.No.167/03 in the file of J.F.C.M-II, Kannur registered for the offences punishable under Sections 406,420 and 468 I.P.C. Prosecution against the petitioner in the above case is based on a complaint filed by the 1st respondent. Admittedly, the proceedings of the case are now stayed by the orders passed by the Sessions Judge, Tellichery in a revision filed by the petitioner against the dismissal of his application for discharge moved before the learned Magistrate. It is noticed that revision, numbered as Crl.R.P.No.38/2007, filed before the Sessions Judge is pending for the last more than two years. The relief claimed in the present petition relates to the request made by the petitioner for a no Crl.M.C.No.1392/09 2 objection certificate from the Magistrate for obtaining a passport as he wants to go over to U.S.A on a short visit. The learned Magistrate dismissed the application and hence the petitioner has approached this court seeking the same relief. 2. I have heard the learned counsel for the petitioner and also the learned Public Prosecutor. The learned counsel for the petitioner submits that an order directing the learned Sessions Judge to dispose the revision as expeditiously as possible immediately on reopening of the court would meet the ends of justice. The petitioner, it appears, is confident that he can get favourable orders in revision. Whatever be the merit of the revision, there will be a direction to the learned Sessions Judge to hear and dispose of the revision petition, Crl.R.P.No.38/07, as expeditiously as possible immediately on reopening of the courts, at any rate Crl.M.C.No.1392/09 3 within a period of four weeks from the date of reopening of the courts. Send a copy of the order forthwith to Sessions Judge, Tellichery. The petition is disposed as indicated above. S.S.SATHEESACHANDRAN, JUDGE jsr Crl.M.C.No.1392/09 4