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. 27969 of 2010(Q) ----------------------- CRIME NO. 1133/10 OF KALAMASSERY POLICE STATION, ERNAKULAM ........... PETITIONER : ------------------ 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, VIYYOR – 680 010. 2. THE SUPERINTENDENT OF SUB JAIL, ERNAKULAM - 31. 3. THE SUB OF INSPECTOR OF POLICE, KALAMASSERY POLICE STATION – 683 104. 4. THE STATE OF KERALA, REPRESENTED THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM – 31. R1 TO R4 BY ADDL. D.G.P. SRI. P.N. SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.27969 of 2010 Q -------------------------- JUDGMENT Petitioner, the mother of the second accused in C.C.No.221/2010 on the file of Judicial First Class Magistrate's Court-II, Aluva, filed this petition under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 to 3 to take necessary steps to produce the accused for trial and for a direction to the learned Magistrate to dispose the case within a time frame alleging that case could not be disposed for the failure to produce the accused. 2. A report was called for from Judicial First Class Magistrate-II, Aluva. The report of the learned Magistrate shows that accused were remanded to judicial custody and though the case was posted on 28.8.2010, the accused were not produced and therefore, a memo was issued to the Superintendent, Sub Jail, Ernakulam to produce the accused after WPC 27969/10 2 extending the period of remand for six days. On 3.9.2010 also, accused were not produced and the Superintendent informed that there were not lodged in that jail and as the accused were shifted to Central Prison, Viyyur, a direction was issued to the Superintendent, Central Prison, Viyyur to produce the accused on 16.9.2010. But the accused were not produced on the ground that woman police escort was not made available and the case now stands posted to 30.9.2010. Learned Magistrate stated that charge could not be framed as the accused were not produced and the case could be disposed within a time frame of three months. 3. Learned Additional Director General of Prosecutions submitted that instructions will be issued to produce the accused on all posting dates before the Magistrate without fail and directions would be issued to arrange necessary escort. Petition is disposed directing Judicial First Class Magistrate-II, Aluva to dispose C.C.No. WPC 27969/10 3 221/2010 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Respondents 1 to 3 are directed to produce the accused before the learned Magistrate for the purpose of trial on all posting dates without fail. Issue a copy to the Public Prosecutor. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv