NANDAKUMAR NEDUNGADI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner who is the de facto complainant in C.C. No. 362 of 2009 on the file of the Judicial First Class Magistrate Court No. 1, Attingal for speedy disposal of the case under Article 227 of constitution of India.

(2.) It is alleged in the petition that the petitioner is a de facto complainant in C.C. No. 362 of 2009 pending before the Judicial First Class Magistrate Court No. 1, Attingal. The case was originated on the basis of a case registered as Crime No. 64 of 2008 of Pothencode Police Station on the basis of the statement given by the petitioner as de facto complainant against the accused persons who are arrayed as respondents 3 to 5 alleging offences under Section 406, 465, 467, 468, 420 r/w Section 34 of the Indian Penal Code. After investigation, final report was filed on 13.4.2009 and it was taken on file as C.C. No. 362 of 2009 and pending before the Judicial First Class Magistrate Court No. 1, Attingal. The petitioner is aged 70 years and he is the prime witness in the above case. The accused persons are Government servants and they are enjoying high reputation in the society. He is keen in prosecuting them and unless a direction is given, there is no possibility of the case being taken up at the earliest possible time. Being a senior citizen and person whose statement, the case has been registered has got a right to get the case expedited as well. So the petitioner has no other remedy except to approach this court seeking the following relief:-

(3.) On the basis of the allegations on the petition and also the nature of relief claimed, this court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Pubic Prosecutor and getting a report from the concerned court and accordingly, a report has been called for and the learned Magistrate sent a report which reads as follows: