IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Crl.MC.No. 199 of 2006 -------------------------- CRRP.5/2005 of ADDL.SESSIONS COURT, KOTTAYAM ST.1795/2003 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER/de facto complainant: -------------------------------------- M.J.SIMON, MARAMANGALAM VELLAPPALLIL, MANNANAM KARA, ATHIRAMPUZHA. BY ADV. SRI.RAJEEV V.KURUP RESPONDENTS/COMPLAINANTS: ------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, MEDICAL COLLEGE, KOTTAYAM, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJED ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 199 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the15th day of December, 2009. ORDER Petitioner who is the de facto complainant in Crime No.307/2002 of Gandhinagar Police Station, had preferred a protest complaint alleging that the investigation conducted by the Police in the above crime was not proper or legal. The said protest complaint in CMP.No.2949/2003 was dismissed by the Judicial Magistrate of First Class, Ettumanoor by order dated January 6, 2004. Petitioner preferred Crl.R.P.No.5/2005 against the above order before the Sessions Court. 2. It appears that in the meanwhile, the trial against the accused who were charge sheeted by the Police in Crime No.307/2002 was proceeding in S.T.No.1795/2003 before the Judicial Magistrate of First Class, Ettumanoor. The trial in the above case was expedited as directed by this Court in Crl.M.C.3924/2005. Petitioner alleged that the order for expeditious trial of the above case was obtained by one of the accused suppressing the pendency of Crl.R.P.5/05 on the file of Sessions Court, Kottayam. 3. It is in the above facts and circumstances that this petition has been filed by the de facto complainant praying for a direction to dispose of Crl.R.P.No.5/2005 expeditiously and to stay all further proceedings in ST.No.1795/03 pending disposal of the revision petition. 4. When this petition came up for admission before this Court Crl.M.C.No.199/06 2 on January 23, 2006, this Court had directed the Sessions Court, Kottayam to hear and dispose of Crl.R.P.No.5/2005 as expeditiously as possible at any rate within two weeks from the date of the interim order. In the meanwhile, the trial in S.T.No.1795/2003 was directed to be kept on hold for two weeks. 5. Today when the case is taken up, there is no representation for the petitioner. I have carefully perused the materials available on record which indicate that the petition has become infructuous. Accordingly it is closed. Communicate a copy of this order to the Judicial Magistrate of First Class, Ettumanoor before which ST.No. 1795/2003 is pending forth. A.K. Basheer Judge. an.