IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 16709 of 2009(Q) --------------------------------------- S.C.NO.273/03 OF ADDL.SESSIONS COURT (FAST TRACK) ADHOC III, KASARAGOD. ......... PETITIONER(S): ------------------------- MAHAMOOD, S/O.AMU HAJI, KUNJIKANAM HOUSE, SANTHOSH NAGAR, ALAMPADY P.O., KASARAGOD DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR. P.RAVEENDRA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.16709 OF 2009 =========================== Dated this the 17th day of June 2009 JUDGMENT This petition is filed under Article 227 of the Constitution of India for a direction to Additional Sessions Court, Kasaragod to pass orders in Crl.M.P.No.1375/2009 in S.C.273/2003 and to postpone the trial. 2. Learned counsel appearing for the petitioner was heard. 3. The grievance of the petitioner is that inspite of the filing of Ext.P1 petition by the Public Prosecutor to withdraw the prosecution, learned Sessions Judge posted that application along with the Sessions Case scheduled to be taken on 22.6.2009 and the intention is to dispose that application and proceed with the trial and therefore a direction is to be issued. 4. Evidently Ext.P1 petition was filed after the case was scheduled to 22.6.2009. It could be W.P.(C)16709/2009 2 in such circumstance the learned Sessions Judge posted the petition to 22.6.2009. For that reason I find no reason to assume that the learned Sessions Judge would dismiss the application as submitted by the learned counsel appearing for the petitioner. 5. When a petition is filed by the prosecutor to withdraw the prosecution, the Sessions Judge is expected to pass orders in the application before proceeding with the trial. Learned Sessions Judge is therefore directed to pass appropriate order in Ext.P1 in accordance with law before proceeding the trial in S.C.273/2003. Learned Sessions Judge is directed to issue the copy of the order to the petitioner if it is against them without any delay. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006