PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in C.C.No.106 of 2013 on the file of the Chief Judicial Magistrate, Pathanamthitta. The aforesaid case has arisen from a crime which was registered in the year 2002. After investigation final report was laid before the jurisdictional Magistrate and the case was taken cognizance and numbered as C.C.No.981 of 2002. Later, at the instance of the de facto complainant, further investigation was ordered. The crime was re-registered by the CBCID and a final report was laid before the same court. It appears that thereafter, the de facto complainant preferred a transfer petition before the Court of Sessions based on which the case was transferred to the Chief Judicial Magistrate Court, Pathanamthitta, where the same is pending now.

(2.) The learned counsel referring to Annexures I to III proceedings sheet in the aforesaid cases would contend that the case is being protracted by the de facto complainant and other witnesses by not appearing before court. It is submitted that since 2002, the petitioner has been appearing before the learned Magistrate without fail and bailable warrants have been issued against CW1 who has refused to appear before the court below.

(3.) The prayer in this petition is to expedite the proceedings and dispose of the matter within a time frame.