IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 OP(Crl.).No. 1641 of 2011(Q) -------------------------- CC.1143/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – I, KOTTARAKARA ................ PETITIONER : ------------------- R.VASUDEVAN PILLAI, S/O.RAMAN PILLAI, MAMOOTTIL VEEDU, (BHANU VILASAM), NADUKKUNNU, VETTIKAVALA.P.O., KOTTARAKKARA, PIN-691 538. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.DHANYA CHANDRAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SRI.M.V.RAJENDRAN, DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION), OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA.P.O., PATHANAMTHITTA DISTRICT, PERMANENTLY RESIDING AT MOKADIYIL HOUSE, MEZHUVELI, ELAVUMTHITTA.P.O., PATHANAMTHITTA DISTRICT, PIN- 689 625. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMED ANZAR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P. JOSEPH, J. -------------------------------------- O.P.(Crl.) No.1641 of 2011 -------------------------------------- Dated this the 6th day of June, 2011. JUDGMENT Petitioner is the complainant in C.C.No.1143 of 2004 of the court of learned Judicial First Class Magistrate-I, Kottarakkara for offence punishable under Section 138 of the Negotiable Instruments Act. His grievance is that inspite of various coercive steps including Sections 82 and 83 of the Code of Criminal Procedure (for short, “the Code”) the second respondent who is serving as a Deputy Superintendent of Police in Kerala Police (presently under the Superintendent of Police, Pathanamthitta) was not inclined to appear before learned Magistrate and hence the trial is being protracted. Petitioner has produced photocopy of proceedings of learned Magistrate (Ext.P2) showing various steps including the coercive steps initiated by the learned Magistrate but without any result. Petitioner therefore prays that a direction may be given to the learned Judicial First Class Magistrate-I, Kottarakkara to complete trial in C.C.No.1143 of 2004 after ensuring appearance of second respondent by recourse to the procedure in Chapter VI of the Code. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. 3. It is open to the learned Magistrate to forward the warrant to the Superintendent of Police, Pathanamthitta under whose administrative OP (Crl.) No.1641/2011 2 jurisdiction the second respondent is now working and if any such warrant is forwarded to the Superintendent of Police, he shall ensure that the warrant is duly executed. Resultantly this petition is disposed of directing the learned Judicial First Class Magistrate-I, Kottarakkara to forward the warrant to second respondent as prescribed under the law and if such warrant is forwarded to the Superintendent of Police, Pathanamthitta he shall ensure that it is duly executed within the time prescribed. THOMAS P.JOSEPH, Judge. cks