IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH OCTOBER 2007 / 18TH ASWINA 1929 Crl.MC.No. 3116 of 2007() ------------------------- CC.576/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: ACCUSED 1 & 2 ------------------------- 1. GOPAKUMAR, S/O.GOPI, PALAYAMKOTTUVILA VEEDU, T.C.VII/1588(1), EYAMVILAKAM, THIRUMALA, THIRUVANANTHAPURAM. 2. GOPI, S/O.KOCHAPPI, PALAYAMKOTTUVILA VEEDU, T.C.VII/1588(1), EYAMVILAKAM, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.V.MADHURIPAN PILLAI RESPONDENTS: DEFACTO COMPLAINANT & STATE ---------------------------------------- 1. PRIYA, D/O.OMANA, PRAKASH BHAVAN, T.C.20/1897, KATTAMVILA LANE, THAMALAM, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.3116 of 2007 ------------------------------------- Dated this the 10th day of October, 2007 O R D E R Petitioners are accused 1 and 2. They face indictment for offences punishable, inter alia, under Section 498 A I.P.C. Crime was registered in 2005. Cognizance was also taken on the final report submitted in 2005. The short grievance of the petitioners is that the prosecution against them is not being disposed of by the learned Additional C.J.M, Trivandrum expeditiously. 2. It is for the petitioners to move the learned A.C.J.M for an expeditious disposal of the case. The prayer must be considered by the learned A.C.J.M on merits and appropriate orders passed. The petitioners cannot choose to come to this Court without and before moving the learned A.C.J.M for an expeditious out of turn hearing and disposal of the case against them. 3. This Crl.M.C is dismissed with the observation that the petitioners can move the learned Additional C.J.M for an expeditious out of turn disposal of the prosecution against them giving reasons. The learned A.C.J.M must consider such request and pass appropriate orders on merits. (R.BASANT, JUDGE) rtr/- 2