M.ANILA Vs. VIVEK SATHEESH

JUDGEMENT

(1.) THIS original petition is filed by the petitioner seeking for speedy disposal of C.C.No.130/2011 pending before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram under Article 227 of the Constitution of India seeking the following reliefs: i. To direct the Hon'ble Additional Chief Judicial Magistrate Court, Thiruvananthapuram to dispose of C.C.No.130/2011 at the earliest and at any rate within three months. ii. To issue any other order or direction as may be considered fit and proper in the circumstances of the case.

(2.) A report has been called for from the concerned Court and the learned Magistrate has sent a report which reads as follows: "With reference to the above I may submit that Crime No.612/2008 of Medical College Police Station is a case charge sheeted against the accused 4 in number alleging offences punishable u/s 498(A), 313 r/w 34 IPC and the charge sheet was taken on file as CC 130/2011. A3 is reported as no more. A1, A2 and A4 entered appearance. Since it was noticed tht offencepunishable u/s 313 IPC is exclusively triable by Hon'ble Court of Sessions, the case was refiled as CP 17/2014 and the case was committed to Hon'ble Court of Sessions, Thiruvananthapuram on 22.7.2014".

(3.) WHEN it was pointed out to the counsel for the petitioner that the case has been converted to C.P.No.17/2014 and it was committed to the Court of Sessions, Thiruvananthapuram on 22.7.2014, the learned counsel for the petitioner submitted that he may be permitted to withdraw this petition with liberty to file a fresh petition later after the case is received and posted in the Sessions Court. The above submission is recorded and the petition is dismissed as withdrawn with the above liberty.