IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 27968 of 2010(Q) ------------------------------------- CC.2064/2010 of JUDL.M.F.C.-I,ERNAKULAM CRIME NO.1029/2010 OF PALARIVATTOM POLICE STATION. .................... PETITIONER(S): ---------------------- BHAGAVATHY, AGED 56 YEARS, W/O.MAHENDRAN, MARIYAMMAN KOVIL, VALAKANDASSERI, NAGARKOVIL DIST. BY ADV. SRI.M.J.SANTHOSH RESPONDENT(S): ---------------------------- 1. THE SUPERINTENDENT OF CENTRAL PRISON, CENTRAL PRISON, VIYYOOR.PIN 680 010. 2. THE SUPERINTENDENT OF SUB JAIL, ERNAKULAM.31 3. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION.25 4. THE STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PALARIVATTOM POLICE STATION, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.31. BY SRI. P.N.SUKUMARAN, ADDL. D.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, ALONG WITH WPC. NO.27995 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------------- W.P.(C)Nos.27968 & 27995 of 2010 -------------------------------- JUDGMENT Petitioner, the mother of the accused in C.C.Nos. 2064/2010 and 1191/2010 on the file of Judicial First Class Magistrate's Court-I, Ernakulam, filed these petitions under Article 226 of the Constitution of India for a direction to respondents 1 to 3 to produce the accused before court for trial and also for a direction to the learned Magistrate to dispose the cases expeditiously contending that though the accused are in judicial custody, they are not being produced before the court and consequently, the cases could not be disposed and accused are in jail. 2. A report was called for from Judicial First Class Magistrate-I, Ernakulam. The report of the learned Magistrate shows that accused were produced in court on 23.6.2010 and were remanded to Sub Jail, Ernakulam, from where, they were shifted to Central Prison, Viyyur and thereafter, they were not produced in court, in spite of repeated directions and finally, on a direction to the Sub Inspector of Police, WPC 27968&27995/10 2 Palarivattom to arrange necessary escort to produce the accused before the court, on 20.9.2010 the accused were produced and were remanded till 27.9.2010. Learned Magistrate reported that in both the cases, accused filed petitions for discharge. 3. Learned counsel appearing for the petitioner submitted that subsequently those petitions were dismissed and charges were framed and the cases now stand posted to 11.10.2010 for examination of the witnesses. In such circumstances, these petitions are disposed directing Judicial First Class Magistrate-I, Ernakulam to dispose C.C.Nos.2064/2010 and 1191/2010 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv