IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Crl.MC.No. 3037 of 2009 -------------------------------------- SC.517/2007 of ADDL.SESSIONS COURT-TRIAL OF ABKARI ACT CASES, NEYYATTINKARA .................... PETITIONER/ACCUSED: JITH S/O.SAIDHARAN, S.S.BHAVAN ELAVANIKARA, MAMBAZHAKKARA DESOM, PERUMPAZHUTHOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3037 of 2009 -------------------------- ORDER Petitioner is the second accused in S.C.No. 517/2007 on the file of Additional Sessions Court for the Trial of Abkari Act Cases, Neyyattinkara, taken cognizance for the offences under Sections 55(a) and (b) of Abkari Act. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to dispose the case expeditiously. It is contended that Motor Accidents Claims Tribunal, Neyyattinkara is in charge of Additional Sessions Court for Trial of Abkari Act Cases, Neyyattinkara and hence, there may be a direction to the Motor Accidents Claims Tribunal to dispose the case expeditiously. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As post of Additional Sessions Judge for Trial of Abkari Act Cases, Neyyattinkara is vacant and Motor Accidents Claims Tribunal, Neyyattinkara is in charge of the Court, Sessions Judge, Thiruvananthapuram was CRMC 3037/09 2 directed to report whether there is any difficulty to withdraw the case from Additional Sessions Court for trial of Abkari Act Cases, Neyyattinkara to some other Sessions Court. Learned Sessions Judge reported that there is no difficulty to withdraw the case from that court and to make it over to some other court, either to Assistant Sessions Court, Neyyattinkara or to Additional Sessions Court (Fast Track No.I), Thiruvananthapuram. In such circumstances, petition is disposed directing Sessions Judge, Thiruvananthapuram to withdraw S.C.No.517/2007 from Additional Sessions Court for trial of Abkari Act Cases, Neyyattinkara and to make over the case to Assistant Sessions Court, Neyyattinkara, with a further direction to the Assistant Sessions Judge, Neyyattinkara to dispose the case expeditiously. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv