Baburaj vs State Of Kerala on 12 April, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1167 of 2007()



1. BABURAJ
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/04/2007

 O R D E R
                                  R. BASANT, J.

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                         Crl.M.C.No.  1167 of   2007

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                   Dated this the 12th day of   April, 2007


                                      O R D E R

The The petitioner faces indictment in a prosecution, inter

alia, under Section 324 r/w. 149 I.P.C. All offences alleged are

summons offences. The substantive offences alleged are all

compoundable. The proceedings were initiated as early as in 2003.

The crime was registered in 1998. According to the petitioner, he

has secured an employment abroad. He has to join on 15.6.2007.

He prays that there may be a direction to the learned Magistrate for

early disposal of the case.

2. Did the petitioner move the learned Magistrate? Did he

apprise the learned Magistrate of the pressing necessity for early

disposal? Why is it that he comes3 to this Court without moving the

learned Magistrate? This court cannot possibly consider all such

applications at the first instance. Discipline in proceedings demand

that the petitioner must have moved the Magistrate at the first

instance for such relief. I am therefore not persuaded to issue any

specific direction. The plight of the petitioner does evoke sympathy.

Crl.M.C.No. 1167 of 2007

2

His prospects in employment cannot be permitted to be affected by the

pendency of this case. All offences appear to be summons offences. The

petitioner’s request that either the case may be disposed of before he leaves

to take up his employment abroad or that he may be permitted to be

represented by counsel, in this case, where all offences are summons

offences does deserve to be considered sympathetically and favourably by

the learned Magistrate. The petitioner can apply before the learned

Magistrate.

3. With the above observations, this Crl.M.C. is dismissed.

4. Hand over copy to the learned counsel for the petitioner.

(R. BASANT)

Judge

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