IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 1806 of 2011() --------------------------------- (C.C. NO. 250/2002 ON THE FILES OF JUDICIAL FIRT CLASS MAGISTRATE, THALASSERY) ............................. PETITIONER/ IST ACCUSED ---------------------------------------- P.P.SUBAIR, AGED 38 YEARS, S/O.MUHAMOOD, 'JUNAID MAHAL', VADAKKUMBAD, ERANHOLI AMSOM, HALASSERY, KANNUR DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI. JOHNY THOMAS RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2. THE STATION HOUSE OFFICER, (CR.NO.471/1997 OF THALASSERY POLICE STATION) THALASSERY, KANNUR DISTRICT - 670 001. PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1806 of 2011() ANNEXURE ANNEXURE A1 : COPY OF THE JUDGMENT IN C.C. 242 OF 1998 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY // TRUE COPY // PA TO JUDGE smt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1806 of 2011 ~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 O R D E R Petitioner is the first accused in Crime No.471 of 1997 of Thalassery Police Station and C.C.No.250 of 2002 of the court of learned Judicial First Class Magistrate, Thalassery for offence punishable under Sec.292 (a) of the Indian Penal Code (for short, “the IPC”). 2. Case is that on 15.8.1997 at about 5.45 PM petitioner and accused 2 and 3 were found in possession of obscene cazettes in Room No.B.22 of Building No.XII/259 of Thalassery Municipality. Accused 2 and 3 were tried in C.C.No.242 of 1998 and were acquitted by closing evidence under Sec.309(1) of the Code of Criminal Procedure in view of the decision in Raj Deo Sharma v. State of Bihar [1999 (1) KLT 173 (S.C.)]. Petitioner wants benefit of acquittal of accused 2 and 3. Crl.M.C. No.1806 of 2011 -: 2 :- 3. I have heard learned counsel for petitioner and learned Public Prosecutor. 4. Acquittal of accused 2 and 3 was for the reason that prosecution did not take steps to summon witnesses within the time stipulated in Raj Deo Sharma's case. That decision cannot be urged in view of the decision in Ramachandra Rao v. State of Kerala [2002(2) KLT 189 (S.C.)] petitioner has to face trial. Learned counsel requested that a direction may be given to the learned Magistrate for expeditious disposal of C.C.No.250 of 2002. It is submitted that petitioner is employed abroad. Having regard to the said circumstance, I am inclined to accept that request. Resultantly, this Crl.M.C. is disposed of directing learned Judicial First Class Magistrate, Thalassery to dispose of C.C.No.250 of 2002 as expeditiously as possible. Petitioner is granted a month's time to appear before the learned Magistrate and seek regular bail/recall of warrant. Crl.M.C. No.1806 of 2011 -: 3 :- The NBW if any issued to petitioner shall remain in abeyance for the said period of one month or till petitioner appears before the learned Magistrate, whichever is earlier. Learned Magistrate shall dispose of the application for bail/recall of warrant if preferred by the petitioner as early as possible. THOMAS P. JOSEPH, JUDGE. Jvt