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FR. JOSEPH PEEDIKAPARAMBIL versus STATE OF KERALA

High Court of Kerala

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FR. JOSEPH PEEDIKAPARAMBIL v. STATE OF KERALA - WP(C) No. 23662 of 2006(P) [2006] RD-KL 642 (31 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23662 of 2006(P)

1. FR.JOSEPH PEEDIKAPARAMBIL,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.LALJI P.THOMAS

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :31/08/2006

O R D E R

R. BASANT, J.


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W.P.(C).No. 23662 of 2006
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Dated this the 31st day of August, 2006



JUDGMENT

The petitioner is an accused in a prosecution - C.C.No. 123 of 2003 - before the Judicial First Class Magistrate - II, Manantoddy alleging offences punishable under Sections 466,468 and 471 I.P.C. Cognizance has been taken in 2003. The case now stands posted to October, 2006. The short prayer of the petitioner is that the court below may be directed to dispose of the case as expeditiously as possible by advancing the case as the petitioner has secured admission to an educational institution at Germany, where he is supposed to report by the first week of October.

2. I reckon the request to be absolutely reasonable. But it is for the petitioner to move an appropriate application before the learned Magistrate praying for an early disposal of the case pending against him after apprising the learned Magistrate of the compelling circumstances. I have no reason to assume that the learned Magistrate would not consider the request of the petitioner on merits 2 and expeditiously. It is not necessary to issue any further or specific directions.

3. This Writ Petition is hence dismissed, but with the observation that the petitioner shall be at liberty to move the learned Magistrate for an early disposal of the case and the learned Magistrate must pass orders expeditiously and on merits on such application. Hand over copy of the judgment to the learned counsel for the petitioner for production before the learned Magistrate. (R. BASANT) Judge tm


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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