D. THAMPI Vs. T.K. UNNIKRISHNA KURUP

JUDGEMENT

(1.) Petitioner is the complainant in C.C. No. 1175/2009 on the file of Judicial First Class Magistrate's Court, Paravoor. This petition is filed under Article 227 of Constitution of India for a direction to the Magistrate to dispose C.C. No. 1175/2009 within a time frame contending that the case is instituted based on a dishonoured cheque dated 20.10.2005 and the complaint was taken cognizance as C.C. No. 96/2006. As the accused failed to appear, the case got protracted and in such circumstances, a direction be issued to dispose the case expeditiously.

(2.) A report was called for from the Magistrate as to why the case is not being disposed and also to show the minimum time required for the disposal. The report submitted by the Magistrate shows that he has only considered the date of re -filing of the case from the register of long pending cases, though cognizance was taken in 2006. Learned Magistrate has reported that as it is not included in the target fixed by the High Court, it is not being disposed and it will take ten months to dispose the case.

(3.) Though the complaint was taken cognizance in 2006, due to the tactics of the accused, it got transferred to the register of long pending cases and was re -numbered thereafter only in 2009, Magistrate cannot contend that the case is not included within the target, taking the date of refiling of the case. Magistrate is directed to include C.C. No. 1175/2009 as one of the target cases and dispose the same in accordance with law, as expeditiously as possible, at any rate, within five months from the date of receipt of a copy of this judgment.