M.V. PAULOSE, MURITHOTTATHIL, MEKKADAMPU, MUVATTUPPUZHA Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM AND MUKUNDHAN AT SURESH, S/O. PADMANABHAN NAIR, PUTHUSSERIL HOUSE, ANIKKADU MUVATTUPPUZHA

JUDGEMENT

(1.) THIS is a petition preferred by the accused in C.C.No.160/2000 on the file of the Chief Judicial Magistrate, Ernakulam under Section 482 of the Code of criminal Procedure seeking an order to quash Annexure -C final report whereby the petitioner is accused for offence under Sections 417 and 468 IPC by the Station House Officer, Central Police Station, Ernakulam. Recurringly there is no representation. It is seen that initially an interim stay was granted on 30.8.2006 for two months. Thereafter on 29.12.2006 stay was extended for another six weeks. Thereafter, in effect, there was no stay of the trial of the case before the trial court. Report of the trial court was obtained through the registry. In the report it is stated that after hearing either side charge for the above said offence was framed and the case was posted for trial and summons was ordered to the witnesses. It is at that stage, this petition was filed and stay was communicated. After the expiry of stay, the case was being adjourned as if there is stay by this Court without moving this court for extension of stay. Whatever it may be, this petition was filed suppressing the fact that trial court had already framed charge after hearing the accused and the prosecution and that request of the petitioner made by CMP.No.1820/2005 seeking discharge was dismissed. The petitioner had not opted to challenge the court charge or the order dismissing CMP.No.1820/2005. There is total lack of bonafides. Going through Annexure -C report, prima facie I find sufficient materials to send the petitioner for trial for the offences alleged. In the above circumstance, I find no merit in this petition. Accordingly, this petition is dismissed. Registry shall direct the trial court to expedite the trial and to have the case disposed of as expeditiously as possible as it is a pretty old case.