IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 583 of 2010 --------------------------------- [C.C. NO.108/2007 OF THE J.F.C.M-I, ALAPPUZHA] ............ PETITIONER/ACCUSED NO.I: ------------------------------------------ SATHEESAN, HEAD CONSTABLE, MANATHAVADI POLICE STATION, MANANTHAVADI P.O.,WAYNAD DISTRICT. BY ADV. MR.S.SANAL KUMAR. RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. BABY KURIAKOSE, S/O.KURIAKOSE, THOTTUVATHALAKKAL HOUSE, KAINAKARI PANCHAYATH, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.583 of 2010 -------------------------- ORDER This petition is filed by the first accused in C.C.No.108/2007 on the file of Judicial First Class Magistrate's Court-I, Alappuzha for a direction to the Magistrate to conclude the trial in the case within a time frame. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel appearing for the petitioner is that though the complainant is consistently absent, the case is not being disposed under Section 256(1) of Code of Criminal Procedure. 4. Annexure-A3 order sheet of the learned Magistrate shows that cognizance of the complaint for the offences under Sections 342, 323 and 392 read with Section 34 of Indian Penal Code was taken on 27.1.2007 and summons was issued to the accused. On 17.3.2007, accused were released on bail. The proceedings paper shows that except on two or three posting dates, CRMC 583/10 2 complainant was present and on 30.8.2008, though complainant was present, accused were absent and therefore, it was adjourned to 27.9.2008. On that day also, accused were absent and complainant was present. Even on 13.3.2009. complainant was present and the case was not taken up by the court. Even on the subsequent posting date, on 25.7.2009, complainant was present. On 16.12.2009, it is seen that both complainant and the accused were absent. 5. In such circumstances, I find no justification for issuing a direction to the Magistrate to dispose the case within a time frame as sought for, as it is seen that the case was not being adjourned at the instance of the complainant. As the case is pending from 2007 onwards, Judicial First Class Magistrate-I, Alappuzha is directed to dispose C.C.No.108/2007 expeditiously, in accordance with law. Petition is disposed. 19th February, 2010 (M.Sasidharan Nambiar, Judge) tkv