IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 13033 of 2010(Q) -------------------------- CC.533/2005 of ADDL.C.J.M.,TRIVANDRUM .................... PETITIONER(S): ------------------------ S.SASI, AGED 57 YEARS, S/O.SUBBAYYAN CHETTIAR, T.C. 7/1557 RADHA VILASOM,THIRUNILAM, THIRUMALA PO THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................. W.P.(c).No.13033 of 2010 .................................... Dated: 03.06.2010 JUDGMENT Petitioner, who is presently a retired Head Constable of Police, is the accused in C.C No.533/2005 on the file of the Additional Chief Judicial Magistrate, Thiruvananthapuram for offences punishable under Sections 294(b) and 506(1) IPC. The above case arose out of Crime No.970/2005 of Poojappura Police Station. 2. Petitioner seeks a direction to advance the posting of the above case to a nearer date and complete the trial and dispose of the same. 3. This Court called for a report from the trial court. The letter dated 4.5.2010 submitted by the trial court itself, inter alia, stated that the prosecution evidence in the case started on 14.7.2008 and CW1 was examined as PW1 and since CWs.2 to 4 did not respond to the summons, warrant has been ordered against them and in the meanwhile the petitioner filed C.M.P.No.2824/2009 under Section 311 Cr.P.C seeking to recall PW1 for further examination and that has been allowed and the W.P.(c). No.13033 of 2010 2 case stands posted to 6.9.2010 for the further cross-examination of PW1. When the rule is day to day trial, the learned Addl.C.J.M should not have resorted to staggered recording of evidence and that too with a very wide gap in between. This writ petition is disposed of directing the Addl.C.J.M to advance the posting of C.C.No.533/2005 to a near date and complete the prosecution evidence and dispose of the same in accordance with law, as expeditiously as possible, and at any rate within a period of 3 months from the date of receipt of a copy of this judgment. V. RAMKUMAR, JUDGE sj