IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Crl.MC.No. 437 of 2011(B) ------------------------------------ [SC.NO.804/2008 OF THE ADDITIONAL SESSIONS COURT, (FAST TRACK-III, KOLLAM] .................... PETITIONER/ACCUSED NO.1: ------------------------------------------ LOY ROZARIO @ LOY LAMBERT, ROZARIO'S HOUSE, NAMED AS LIJI LAND, NEAR KEEKOLIMUKKU, KURIPUZHACHERI P.O., THRIKADAVOOR VILLAGE. BY ADVS. SRI.ALAN PAPALI, SRI.SOJAN MICHEAL, SRI.V.S.BOBAN, SMT.DHANYA P.ASHOKAN, SRI.N.N.ARUN BECHU. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, (DEPUTY SUPERINTENDENT OF POLICE, KOLLAM), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.437 of 2011 --------------------------------------- Dated this 21st day of February, 2011 ORDER Petitioner is accused in S.C.No.804 of 2008 of the court of learned Additional Sessions Judge (Fast Track-III), Kollam for offences punishable under Secs.120B, 201 and 302 r/w Sec.34 of the Indian Penal code. Prayer in this petition is for an early disposal of the case. It is pointed out that final report was filed as early as on 02.03.2006 and that the case has not so far been taken up for trial. Grievance of petitioner is that he is included in the list of candidates for selection for the post of Forester by the Public Service Commission and pendancy of the case may affect his chance. Learned counsel submitted that since there is no Presiding Officer in the Additional Sessions Court-III, Kollam learned Principal Sessions Judge may be directed to withdraw the case and transfer it to any other appropriate Court so that the trial could be commenced without further delay. I have heard learned Public Prosecutor also. 2. If charge has not been framed it is within the power of learned Principal Sessions Judge to withdraw the case from the court of Additional Sessions Judge-III, Kollam in view of Sec.409 (2) of the Code of Criminal Procedure. Since that is a power Crl.M.C.No.437 of 2011 -: 2 :- vested in learned Principal Sessions Judge, no direction could be issued in that line and the appropriate course open to the petitioner is to approach the learned Principal Sessions Judge with request to withdraw the case from the court of learned Additional Sessions Judge-III and transfer the case to some other Court so that trial could be expedited. If any such request is made learned Principal Sessions Judge shall consider that application having regard to the grievance of petitioner and pass appropriate orders. This criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge