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RAHUL @ SAMBHU v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 2270 of 2007  RD-KL 13167 (16 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2270 of 2007()
1. RAHUL @ SAMBHU,
1. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.2270 of 2007
Dated this the 16th day of July, 2007
O R D E RThe petitioner faces indictment for offences punishable under Sections 341 and 323 I.P.C. The case was registered in 2004 and the petitioner had appeared as early as in 2005, it is submitted. Trial has not commenced yet. The petitioner is an unemployed person. He wants to seek a job abroad. The petitioner's application for passport has not been considered because of the pendency of this prosecution. The matter is settled also, it is submitted. The defacto complainant will come to the court only if he is summoned from the court. Therefore the petitioner is not able to file an application for composition also. In these circumstances, it is prayed that there may be a direction for expeditious disposal of the case pending against the petitioner before the learned Magistrate.
2. Has the petitioner applied before the learned Magistrate ? Did he apprise the learned Magistrate of the peculiar circumstances in this case ? It is admitted that no application has been filed. I am certainly of the opinion that it is for the petitioner to move the learned Magistrate and apprise the learned Magistrate of all these circumstances. Only if the learned Magistrate does not grant the request of the petitioner, can the petitioner be permitted to approach this court. I find no merit in the request made at the first instance Crl.M.C.No.2270 of 2007 2 before this Court.
3. Going through the petition, the petitioner appears to have a very just case for expeditious disposal. With the observation that the petitioner can apply before the learned Magistrate and the learned Magistrate must pass appropriate orders on such application for expeditious disposal, this Crl.M.C is, dismissed.
4. Issue a copy of this order to the learned counsel for the petitioner for production before the learned Magistrate.
(R.BASANT, JUDGE)rtr/- Crl.M.C.No.2270 of 2007 3
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