(1.) THIS is an application filed by the accused in C.C.No.576/2013 on the file of the Judicial First Class Magistrate Court, No -I, Haripad seeking direction to the magistrate for speedy disposal of the case under Article 227 of the Constitution of India.
(2.) IT is alleged in the petition that he was originally arrayed as 4th accused in C.C.No.15/12 on the file of the Judicial First Class Magistrate Court, No -I, Haripad. There were altogether five accused persons in the case. The case was registered against the petitioner and others alleging commission of the offences under Sections 143, 147, 149, 188 and 283 of Indian Penal Code. The case against accused Nos.1 to 3 and 5 was proceeded with and they were acquitted on 14.08.2013. Since the petitioner was abroad, he could not participate in the trial and he came to India on 04.04.2014 and he filed a petition before the said court for expediting trial against him and the petition was dismissed on the ground that the officer was under the orders of transfer. The petitioner wants to join duty on or before 29.06.2014. Otherwise, he will lose his employment. Since other accused persons have already been acquitted, the procedure of taking evidence is only a formal one and the witnesses are from the same locality. So, the petitioner has no other remedy except to approach this court seeking the following relief:
(3.) ACCORDINGLY , a report has been called for and the magistrate in charge of that court has sent a report which reads as follows: