JAVAD HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 498A I.P.C. The crime was registered as early as in 2003. The petitioner surrendered before the learned Magistrate in 2007. The case now stands posted to 26.5.2007. According to the petitioner, he has to return to his place of employment abroad on 10.5.2007. He prays that there may be a direction to the learned Magistrate for early disposal of the case.

(2.) It is for the petitioner to seek such an early disposal before the learned Magistrate. Having not done the same, I find no merit in the petitioner rushing to this Court for direction regarding early disposal. However, I take pity on the plight of the petitioner. He can of course request the learned Magistrate to take up the case for disposal before he leaves for his employment abroad or seek permission of the learned Magistrate to go to his place of employment so that he can return in time for trial. Either way, the petitioner must make application before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider such application to be filed by the petitioner, sympathetically and in accordance with law.

(3.) With the above observations, this Crl.M.C. is dismissed.