IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5309 of 2008(F) ------------------------- PETITIONER: ------------ RATHEESH, S/O. NARAYANAN, AGED 24 YEARS, ODAYIL HOUSE, PALAVAYAL VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.C.D.JOHN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.5309 of 2008 ------------------------------------- Dated this the 14th day of February, 2008 JUDGMENT Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 304 A I.P.C. The crime in the said case was allegedly committed on 11.03.06. The petitioner is hopeful in securing employment abroad. The petitioner wants the case against him to be disposed of as expeditiously as possible. He has hence come before this Court with the prayer that direction may be issued to the learned Magistrate to dispose of the case against him expeditiously. 2. Has the petitioner moved the learned Magistrate ? Obviously he has not. Why has he not moved the learned Magistrate ? No satisfactory explanation is offered. It is for the petitioner certainly to move the learned Magistrate explaining to the learned Magistrate the circumstance which prompts and persuades the petitioner to make such a request for an out of turn disposal. I have no reason to assume that if the petitioner has valid reasons, the learned Magistrate would not consider such request and accept his request for expeditious disposal. Not W.P(C).No.5309 of 2008 2 having made an application before the learned Magistrate for the same relief, I find no merit or grace in that prayer of the petitioner to invoke the jurisdiction under Article 226 and/or 227 of the Constitution to issue direction to the court below. 3. This Writ Petition is accordingly dismissed. I may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioner to move the learned Magistrate for an expeditious out of turn disposal of the case. I expect the learned Magistrate to consider the application to be filed by the petitioner for the said relief expeditiously. Appropriate orders must be passed on merits and in accordance with law. Should the petitioner be dissatisfied with such order passed by the learned Magistrate, the petitioner's option to challenge the same shall also remain unfettered. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-