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V.P.SAYED ALAVI ALIAS SAYED HAJI versus THE STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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V.P.SAYED ALAVI ALIAS SAYED HAJI v. THE STATE OF KERALA, REPRESENTED BY - Crl MC No. 4027 of 2006 [2006] RD-KL 3416 (13 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4027 of 2006()

1. V.P.SAYED ALAVI ALIAS SAYED HAJI,
... Petitioner

Vs

1. THE STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE SUB INSPECTOR OF POLICE,

3. ABDUL LATHEEF, S/O.POCKER MASTER,

For Petitioner :SRI.K.M.SATHYANATHA MENON

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :13/12/2006

O R D E R

R. BASANT, J.

CRL.M.C.NO. 4027 OF 2006

Dated this the 13th day of December, 2006

ORDER

The grievance of the petitioner is that the prosecution launched against him by the 3rd respondent herein on the basis of a private complaint alleging the offences punishable under Sec.420 of the IPC is kept pending unnecessarily consequent to the non-appearance of the witnesses for the complainant. The short prayer of the learned counsel for the petitioner is that the learned Magistrate may be directed to insist on production of witnesses by the complainant and the early termination of the proceedings may be brought about.

2. A copy of the order sheet is placed before me as Annexutre-A1. I do note that on a number of occasions the case is being adjourned for appearance of C.Ws.1 to 3.

3. I have no hesitation to agree with the learned counsel for the petitioner that the prosecution against the petitioner deserves to be completed as expeditiously as possible. The learned Magistrate must make every endeavour to ensure that the witnesses cited by the complainant are made available by CRL.M.C.NO. 4027 OF 2006 -: 2 :- the complainant to proceed with the trial and if he is unable to do the same, necessarily the consequences will have to follow.

4. In the result, this Crl.M.C. is allowed. The learned Magistrate shall ensure that C.C.No.195/05 is disposed of 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 by the learned counsel for the petitioner.

5. Hand over a copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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