IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 3969 of 2010(A) -------------------------------------- [CC.NO.392/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-III, THIRUVANANTHAPURAM] .................... PETITIONER/ACCUSED: ---------------------------------- SIMI MATHEW, D/O.LELAMMA, KAROOT PUTHEN PURAKKAL HOUSE, MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.MANU THAMPI. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3969 OF 2010 =========================== Dated this the 9th day of November,2010 ORDER Petitioner the accused in C.C.392/2007 on the file of Judicial First Class Magistrate Court-III, Thiruvananthapuram filed this petition under section 482 of Code of Criminal Procedure, for a direction to the Magistrate to dispose the case expeditiously contending that the case has been pending since 2007 and the offence was allegedly committed in 2004 and petitioner has been co -operating but second accused was absconding and in such circumstances, a direction is to be issued to dispose the case expeditiously. 2. A report was called for from Judicial First Class Magistrate Court-III, Thiruvananthapuram as to whether there was any impediment for disposing the case. Judicial Crl.M.C.3969/2010 2 First Class Magistrate sent a report, disclosing that as per order dated 17.6.2010 by Chief Judicial Magistrate, Thiruvananthapuram the case was transferred to Judicial First Class Magistrate Court V, Thiruvananthapuram (Special Court for Mark list cases). The learned Public Prosecutor submitted that case is now pending before that court as C.C.81/2010. 3. Petition is allowed. As the case is pending from 2007 Judicial First Class Magistrate is directed to dispose C.C.81/2010 expeditiously. If the presence of the second accused cannot be procured, learned Magistrate to split up the case as against the petitioner and dispose the same expeditiously. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006