IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3403 of 2008() ------------------------- CC.448/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT- II,NEYYATTINKARA .................... PETITIONER: ------------ SAIBUKUMAR, S/O,.THANKAYYAN NAIR AVANAKINVILA VEEDU, AVANAKINVILA, MACHIYODU DESOM,CHENKAL VILLAGE,NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3403 of 2008 ---------------------------------------- Dated this the 4th day of September 2008 O R D E R The short prayer of the petitioner is that C.C.No.448/2007 pending before the learned Judicial First Class Magistrate Court- II, Neyyattinkara in which the disputes have all been settled between the parties may be directed to be disposed of on an early date. The petitioner is a police constable and the pendency of the proceedings is hurting the petitioner. The learned counsel for the petitioner prays only for a speedy disposal of C.C.No.448/2007. 2. The petitioner has come to this court without and before requesting the learned Magistrate for such early disposal. I find no merit or grace in the request made before this court for the first time that the court below must be directed to dispose of the case at the earliest. The petitioner must have moved the learned Magistrate and apprised the learned Magistrate of the fact of settlement and of the peculiar need of the petitioner to ensure that the case is disposed of expeditiously. Crl.M.C.No.3403/08 2 3. This Crl.M.C is in these circumstances dismissed. But I may hasten to observe that if the petitioner files an application to advance hearing of the case, the learned Magistrate must consider the same and pass appropriate orders on merits. In the circumstances of this case, I am persuaded to feel that the request of the petitioner deserves to be considered with expedition. 4. With the above observation, this petition is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3403/08 3 Crl.M.C.No.3403/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008