IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 2153 of 2011() ------------------------------ CC.189/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): 5TH ACCUSED ------------------------------------ JOJI JACOB, AGED 41, S/O.JACOB MANNAMPLAKKAL VEEDU, VAZHAKKALA, ERUMELI PO ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): COMPLAINANT -------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, KANJIRAPPALLY, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.2153/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE ORDER SHEET DATED 17/03/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2153 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the 5th accused in C.C.No.189/2005 on the file of the Judicial First Class Magistrate's Court I, Kanjirappally arising out of Crime No.225/2002 of Kanjirappally Police Station registered for the offences under Sections 420, 465, 468, 471, 472, 473, 474 read with Sections 34 and 120(B) of the Indian Penal Code. 3. The grievance of the petitioner is that even though they have filed an application for expediting the trial learned Magistrate has not considered the same. Since the witnesses are not coming up the Magistrate was not in a position to dispose of the case. Learned counsel for the petitioner states that the accused is ready to file an application under Section 309 Cr.P.C. before the learned Magistrate to proceed with the trial in the case in terms of said Section. If such an application is filed, learned Magistrate shall pass appropriate orders in terms of Section 309 Cr.P.C. and shall expedite the trial. The entire trial be expedited and the case be disposed of by the end of March 2012 and report compliance to this court. Crl.M.C. is disposed of. B.P.RAY, JUDGE jes