IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27969 of 2010(Q)
1. BHAGAVATHY, AGED 56 YEARS,
... Petitioner
Vs
1. THE SUPERINTENDENT OF CENTRAL PRISON,
... Respondent
2. THE SUPERINTENDENT OF SUB JAIL,
3. THE SUB OF INSPECTOR OF POLICE,
4. THE STATE OF KERALA,
For Petitioner :SRI.M.J.SANTHOSH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.27969 of 2010 Q
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JUDGMENT
Petitioner, the mother of the second accused in
C.C.No.221/2010 on the file of Judicial First Class
Magistrate’s Court-II, Aluva, filed this petition
under Article 226 of Constitution of India for a
writ of mandamus directing respondents 1 to 3 to
take necessary steps to produce the accused for
trial and for a direction to the learned Magistrate
to dispose the case within a time frame alleging
that case could not be disposed for the failure to
produce the accused.
2. A report was called for from Judicial First
Class Magistrate-II, Aluva. The report of the
learned Magistrate shows that accused were remanded
to judicial custody and though the case was posted
on 28.8.2010, the accused were not produced and
therefore, a memo was issued to the Superintendent,
Sub Jail, Ernakulam to produce the accused after
WPC 27969/10 2
extending the period of remand for six days. On
3.9.2010 also, accused were not produced and the
Superintendent informed that there were not lodged
in that jail and as the accused were shifted to
Central Prison, Viyyur, a direction was issued to
the Superintendent, Central Prison, Viyyur to
produce the accused on 16.9.2010. But the accused
were not produced on the ground that woman police
escort was not made available and the case now
stands posted to 30.9.2010. Learned Magistrate
stated that charge could not be framed as the
accused were not produced and the case could be
disposed within a time frame of three months.
3. Learned Additional Director General of
Prosecutions submitted that instructions will be
issued to produce the accused on all posting dates
before the Magistrate without fail and directions
would be issued to arrange necessary escort.
Petition is disposed directing Judicial First
Class Magistrate-II, Aluva to dispose C.C.No.
WPC 27969/10 3
221/2010 as expeditiously as possible, at any rate,
within three months from the date of receipt of a
copy of this judgment. Respondents 1 to 3 are
directed to produce the accused before the learned
Magistrate for the purpose of trial on all posting
dates without fail.
Issue a copy to the Public Prosecutor.
30th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv