IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.MC.No. 558 of 2010() -------------------------------------- C.C.NO.304/05 OF JFCM, NEYYATTINKARA ... (CRIME NO.279/04 OF KANJIRAMKULAM POLICE STATION) ...... PETITIONER(S): 3RD ACCUSED: ------------------------------------------------ JAYARAJ, S/O. JOHN, ATTULANE PURAYIDATHIL, PUTHIYATHURA, KARUMKULAM DESOM, -DO- VILLAGE. BY ADV. MR.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.558 OF 2010 ------------------------------------------ Dated 31st March 2010 O R D E R Third accused in C.C.304/2005 on the file of Judicial First Class Magistrate-III, Neyyattinkara filed this petition for a direction to the Magistrate to dispose the case expeditiously. A report was called for from the learned Magistrate. Report discloses that consequent to the failure of the accused to appear, charge could be framed only on 1/7/2009. Thereafter evidence of Pws.1 to 9 were recorded. As first charge witness was not available, as he had gone for official purpose outside India, recording of his evidence got delayed. Ultimately his evidence was recorded on 5/3/2010. It is Crmc 558/10 2 also reported that non bailable warrants to witness Nos.12 to 15 are pending and as their presence could not be procured the case is not disposed. Learned Magistrate reported that case could be disposed expeditiously. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. In the light of the report submitted by the learned Magistrate, petition is disposed directing Judicial First Class Magistrate-III, Neyyattinkara to dispose C.C.304/2005 expeditiously, at any rate, within four months from the date of receipt of copy of this order. M.SASIDHARAN NAMBIAR, JUDGE. uj.