LLIE GABRIEL MARIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These criminal miscellaneous cases are filed by the accused in eight different cases. This Court as per common order dated 16.03.2020 directed the learned Magistrate to dispose all these cases within a period of 40 days. The grievance of the petitioners is that even now the learned Magistrate has not complied the order. The further grievance of the petitioners is that the petitioners are foreigners and they are in jail for about 2 to 4 years. These Criminal Miscellaneous Cases are filed to direct the learned Magistrate to comply the common order dated 16.03.2020 in Crl.M.C.No.2070 of 2020 and other connected cases.

(2.) The learned counsel for the petitioners aregued the matter in detail. They submitted their grievance. According to the counsel, the petitioners are in jail for the last 2 to 4 years. The counsel submitted that the trial is not completed. The learned Magistrate even flouted the directions of this court. Therefore, the counsel submitted that there may be a further direction to implement the earlier order.

(3.) I cannot accept the above contention. This Court cannot issue a direction to implement an order already passed by this Court in another case invoking the powers under Section 482 of the Cr.P.C. I feel that there is a genuine grievance to the petitioners that their case is not disposed of and they are in jail. The remedy of the petitioners is to file a petition in the disposed cases informing this court that the learned Magistrate has not complied the order.