IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 894 of 2010 ------------------------------------- CC.447/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER/1st ACCUSED: C.SADASIVAN, "LOTUS VILLA", VELLARADA POST, NEYYATTINKARA, THIRUVANANTHAPURAM, PATHANAMTHITTA. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT/STATE: STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO. 542/03 OF VELLARADA POLICE STATION-PENDING AS C.C.NO.447/04 BEFORE JFCM-III, NEYYATTINKARA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.894 of 2010 -------------------------- ORDER This petition is filed by the first accused for a direction to Judicial First Class Magistrate-III, Neyyattinkara to dispose C.C.No.447/2004 expeditiously, as far as possible, within three months. 2. A report was called for from the learned Magistrate. The report shows that as per order dated 28.4.2009 in C.M.P.No.2790/2009, learned Magistrate directed to address the Deputy Director of Prosecution to depute another Assistant Public Prosecutor to conduct the case and thereafter, though the case was being adjourned, another Assistant Public prosecutor was not deputed. Learned Magistrate has stated that there is no impediment to dispose the case within a period of three months, provided, new Assistant Public Prosecutor is deputed. CRMC 894/10 2 3. Learned Director General of Prosecution submitted that Deputy Director of Prosecution informed that as request was not received to depute another Assistant Public Prosecutor, another Assistant Public Prosecutor was not deputed. It is submitted that instructions will be issued to depute another Assistant Public Prosecutor to conduct the case, without further delay. 4. Judicial First Class Magistrate-III, Neyyattinkara is directed to dispose C.C.No. 447/2004 as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this order. Petition is disposed. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv