IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3969 of 2010()
1. SIMI MATHEW, D/O.LELAMMA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.N.MANU THAMPI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 3969 OF 2010
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Dated this the 9th day of November,2010
ORDER
Petitioner the accused in C.C.392/2007 on
the file of Judicial First Class Magistrate
Court-III, Thiruvananthapuram filed this
petition under section 482 of Code of Criminal
Procedure, for a direction to the Magistrate
to dispose the case expeditiously contending
that the case has been pending since 2007 and
the offence was allegedly committed in 2004 and
petitioner has been co -operating but second
accused was absconding and in such
circumstances, a direction is to be issued to
dispose the case expeditiously.
2. A report was called for from Judicial
First Class Magistrate Court-III,
Thiruvananthapuram as to whether there was any
impediment for disposing the case. Judicial
Crl.M.C.3969/2010 2
First Class Magistrate sent a report, disclosing
that as per order dated 17.6.2010 by Chief Judicial
Magistrate, Thiruvananthapuram the case was
transferred to Judicial First Class Magistrate
Court V, Thiruvananthapuram (Special Court for Mark
list cases). The learned Public Prosecutor
submitted that case is now pending before that
court as C.C.81/2010.
3. Petition is allowed. As the case is
pending from 2007 Judicial First Class Magistrate
is directed to dispose C.C.81/2010 expeditiously.
If the presence of the second accused cannot be
procured, learned Magistrate to split up the case
as against the petitioner and dispose the same
expeditiously.
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