IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3996 of 2008()
1. MANILAL, AGED 40 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE PRINCIPAL MUNSIFF COURT,
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/12/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3996 of 2008
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Dated this the 2nd day of December, 2008
ORDER
There is no representation for the petitioner. A
report of the learned Magistrate is received. The report
of the learned Magistrate shows that the application has
already been dismissed by he learned Magistrate. The
grievance of the petitioner is that the said application filed
under Sec.265 Cr.P.C. has not been disposed of by the
learned Magistrate.
2. It is evident that the petitioner is not now
interested in prosecuting this petition in view of the later
order passed by the learned Magistrate.
3. This Crl.M.C. is accordingly dismissed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. to Judge
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R. BASANT, J.
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Crl.M.C.No. 3996 of 2008
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Dated this the 23rd day of October, 2008
ORDER
The petitioner faces indictment in a prosecution for
offences punishable under Secs.186 and 224 IPC. Cognizance
has been taken on the basis of a complaint filed under Sec.340
Cr.P.C. by the Principal Munsiff, Kochi, represented by the
Junior Superintendent. Cognizance has already been taken and
the matter is pending before the learned Magistrate. At this
stage, the petitioner filed an application under Sec.265A
Cr.P.C. which has been numbered as Crl.M.P.No.1394/08. The
short grievance of the petitioner is that no action has been taken
so far by the learned Magistrate on the basis of the said
application dated 28/4/08 which has been numbered as
Crl.M.P.No.1394/08. The petitioner only prays that the learned
Magistrate may be directed to pass appropriate orders on merits
on such application.
2. The prayer of the petitioner does appear to me to be
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absolutely reasonable and legitimate. The learned Magistrate
has to apply his mind and pass appropriate orders in the Crl.M.P.
It is not necessary for me to go on merit into the said application
under Sec.265A Cr.P.C. I am satisfied that the learned
Magistrate must be directed to consider the prayer and pass
appropriate orders.
3. Call for a report from the learned Magistrate. The
learned Magistrate shall explain whether and what, if any,
orders have been passed in Crl.M.P.No.1394/08. If no orders
have been passed, I expect the learned Magistrate to consider
the matter and pass appropriate orders as expeditiously as
possible – at any rate, by 17/11/08, if there be no legal
impediment. The report of the learned Magistrate must reach
this Court by 18/11/08. Call on 19/11/08.
(R. BASANT, JUDGE)
Nan/
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