IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(Crl.).No. 653 of 2010(Q)
1. K.P.VARGHESE,
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.D.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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O.P.(Crl) No.653 OF 2010
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Dated this the 7th day of December,2010
JUDGMENT
Petition is filed by the first accused in
C.C.255/2007 on the file of Chief Judicial
Magistrate Court, Thiruvananthapuram for a
direction to the Magistrate to dispose the case
expeditiously contending that the case has been
pending before the court since 2007 and the
records seized are in the custody of the court
and in such circumstances direction is to be
issued to dispose the case expeditiously within
a time frame.
2. A report was called for from chief
Judicial Magistrate, Thiruvananthapuram. The
report submitted discloses that cognizance was
taken against three accused for the offences
under sections 51, 52A, 68A, 63 and 65 of the
Copy Right Act and subsequently further
O.P.(Crl)653/2010 2
investigation was conducted by Superintendent of
Police, CBCID under section 173(8) of Code of
Criminal Procedure and a final report was submitted
for the offences under section 51(b)(1)and 63 of
Copy Right Act,1957 read with section 34 of Indian
Penal Code. Third accused is the wife of the
petitioner. The report also discloses that the
personal presence of the wife of the petitioner was
exempted by this court by order dated 11.12.2008 in
Crl.M.C.4791/2008 and the other two accused
including the petitioner had already appeared and
were released on bail. It is also submitted that
accused 2 and 3 have already filed two separate
petitions for discharge under section 239 of Code
of Criminal Procedure and those petitions are
posted to 28.12.2010. Learned Chief Judicial
Magistrate stated that after the disposal of those
petitions, there is no impediment for disposing of
the case.
3. Learned counsel appearing for the
petitioner submitted that petitioner may also be
O.P.(Crl)653/2010 3
granted liberty to file a petition under section
239 of Code of Criminal Procedure. If charge is not
framed against the petitioner so far, he is
entitled to file a petition under section 239 of
Code of Criminal Procedure. Learned Chief Judicial
Magistrate, Thiruvananthapuram is directed to
dispose the application for discharge on 28.12.2010
or immediately thereafter.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006