VARGHESE NINAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the complainant in C.C.No.133/01 on the file of the Judicial Magistrate of the First Class, Thiruvalla.The offences alleged include the offence punishable under Sec.326 of the IPC. The petitioner had earlier come before this Court and Annexure-A1 order was passeddirecting the learned Magistrate to dispose of the case within three months from 28/10/2006. The matter has not been disposed of even now.

(2.) In the meantime, an application for discharge was filed by the accused/the 2ndrespondent herein. That application was dismissed by the learned Magistrate. The accused/the 2ndrespondent come to this Court with Crl.R.P.No.30/07 and as per Annexure-A2 order, another Bench of this Court directed the learned Magistrate to consider the application for discharge afresh on merits. Though that order - Annexure-A2, was passed as early as on 23/2/2007, the matter has not been disposed of yet by the learned Magistrate. It is, in these circumstances, that the petitioner has come to thisCourtwiththe prayerthat the learnedMagistrate may be directed to comply with the direction for expeditious disposalinAnnexure-A1.

(3.) I find merit in the prayer of the learned counsel for the petitioner.Iam satisfiedthat thelearnedMagistrate must be directed to dispose of the matter as expeditiously as possible - at any rate, within a period of three months from the date on which a copy of this order is placed before the learned Magistrate.